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Home My WebLink About20231870.tiffe/P1144-e/C BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for: Pierce Hardy Limited Partnership c/o 84 Lumber Company — USR22-0020 DEPARTMENT: Planning Services DATE: June 13, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from the applicant, Pierce Hardy Limited Partnership c/o 84 Lumber Company, requesting that the Board of County Commissioners consider approving the Improvements and Road Maintenance Agreement for (USR22-0020). No collateral is required with this agreement. Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above mentioned signed original document and observed the following: • All Public Works related items, of the "Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. • This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed by the Board of County Commissioners. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements for USR22-0020, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine A /l; pI.�DR/5TM/KR/oA' (i(� o /,26 /23 L 319/a 3 2023-1870 Karla Ford From: Sent: To: Subject: Approve Kevin Ross Kevin Ross Tuesday, June 13, 2023 2:20 PM Karla Ford Re: Please Reply - BOCC PA REVIEW - USR22-0020 - Pierce Hardy From: Karla Ford <kford@weld.gav> Sent: Tuesday, June 13, 2023 3:13:14 PM To: Kevin Ross <kross@weld.gov> Subject: Please Reply - BOCC PA REVIEW - USR22-0020 — Pierce Hardy Please advise if you approve recommendation. Thank you. Karla Ford Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford a�.weldgov.corn :: 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 have received this communication in error, please immediately notify sender by return e-mail aria destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jazmyn Trujillo -Martinez <jtrujillomartinez@weld.gov> Sent: Tuesday, June 13, 2023 2:07 PM To: Cheryl Hoffman <choffman@weld.gov>; Daniel Mesa <dmesa@weld.gov>; Dawn Anderson <dranderson@weld.gov>; Esther Gesick <egesick@weld.gov>; Karla Ford <kford@weld.gov>; Tom Parko Jr <tparko@weld.gov> Subject: BOCC PA REVIEW - USR22-0020 — Pierce Hardy ATTACHED BOCC PA REVIEW Improvements Agreement: Improvements and Road Maintenance Agreement Case/Applicant: USR22-0020 — Pierce Hardy Limited Partnership c/o 84 Lumber Company Please note: Consent Agenda Thank you Karla!! Best, Jazmyn Trujillo -Martinez 1 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Pierce Hardy Limited Partnership c/o 84 Lumber Company — USR22-0020 THIS IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT (the "Agreement") is made this day of3U()G , 202a, by and between Pierce Hardy Limited Partnership, a limited partnership organized under the laws of the State of Pennsylvania whose address is 1019 Route 519, Eighty Four, Pennsylvania 15330, hereinafter referred to as "Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." Property Owner and County are sometimes referred to herein collectively as the "Parties", and individually as a "Party." WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: Lots A and B of Recorded Exemption, RE -449; being part of the NE1/4 NE1/4 of Section 33, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado hereinafter referred to as the "Property," and WHEREAS, Property Owner has received Board of County Commissioner approval of USR22-0020, and WHEREAS, Property Owner acknowledges that the final approval of USR22-0020 is conditional upon Property Owner's understanding of the off -site improvements and road maintenance described in this Agreement and depicted in the following incorporated exhibits: Exhibit A — Future Off -Site Costs of Construction, to be attached if/when triggered, pursuant to Part I, B., below Exhibit B — Future Off -Site Construction Schedule, to be attached if/when triggered, pursuant to Part I, B., below Exhibit C — Construction Plans, to be attached if/when triggered, pursuant to Part I, A., below Exhibit D — Plat Map (recorded simultaneously with this Agreement), and WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code Sec. 23-2-290, the failure to commence construction of USR22-0020 within three (3) years of the approval of USR22-0020 may result in the revocation or suspension of USR22-0020, upon consideration and order of the Board of County Commissioners ("BOCC"), and WHEREAS, the Parties agree that the Property Owner shall provide collateral for off -site improvements pursuant to the terms set forth in this Agreement and if/when triggers in this Agreement are met. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the Parties hereto promise, covenant, and agree as follows: Pierce Hardy Limited Partnership c/o 84 Lumber Company — USR22-0020 — IA23-0001 Page 1 of 13 ,eOoz5 -,S11% PART I: SITE SPECIFIC PROVISIONS A. Off -Site Improvements (as required by the BOCC): The Property Owner shall be responsible for the construction of certain off -site safety improvements as identified in the USR hearing Resolution, which may include, but are not limited to: construction of adequate turning radii of sixty-five (65) feet at the main entrances and exits which extend into County road Rights -of -Way (ROW) connecting to the County road system, and off -site drainage and signage installations, as indicated on the accepted Exhibit D and future Exhibit C, as required. On -Site improvements that create more run-off than the historical amount may require off -site drainage improvements to roads and ROW. Any approved access point(s) improvements will include standard County approved tracking control and may include a double cattle guard set (one right after the other), placed back-to-back across the entire width of the access, to ensure a complete revolution of the truck tires in order minimize the tracking of mud and debris onto the adjacent County Road. B. Future Off -Site Improvements: 1.0 Traffic Triggers. When the traffic associated with the Use by Special Review Permit reaches certain safety thresholds as set forth below in this Agreement, the Property Owner shall design and construct certain road improvements based on the amount of traffic being generated by the Property. The improvements specified below in this Section are not currently required; however, these off -site or phased improvements may be warranted in the future. 1.1 Property Owner shall be required to design, obtain right-of-way, relocate utilities, and construct auxiliary lanes into the Property (the "Future Off -Site Improvements", or individually, a "Future Off -Site Improvement") if/when all traffic to/from the Property meets the following traffic triggers (collectively, the "Triggers" or individually, a "Trigger"): Property Owner shall design and construct a left deceleration/turn lane on CR 64/"O" Street whenever traffic exceeds ten (10) vehicles per hour (VPH) turning left into the Property for an average daily peak hour. Property Owner shall design and construct a right deceleration/turn lane on CR 64/"O" Street whenever traffic exceeds twenty-five (25) VPH turning right into the Property for an average daily peak hour. Property Owner shall design and construct a right acceleration lane on CR 64/"O" Street whenever traffic exceeds fifty (50) VPH turning right out of the Property for an average daily peak hour. Property Owner shall design and construct a left acceleration lane on CR 64/"O" Street whenever such a lane would be a benefit to the safety and operation of the roadway. The County, in its sole discretion, shall determine if a left acceleration lane is required. 2.0 Property Owner's Responsibilities regarding Future Triggers. Property Owner is solely responsible for the cost and construction of the Future Off -Site Improvements. These responsibilities may include but are not limited to the following, as applicable: design, surveys, utility locates, acquisition of ROW, dedication of ROW, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation facilities and utilities, traffic control, and project safety during construction. Property Owner shall obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other applicable federal, State, or County regulatory agencies. 3.0 Cost of Construction Exhibit. When any Trigger is met, the Property Owner shall submit Exhibit A to County within six (6) months of being notified regarding the need for the Future Off -Site Pierce Hardy Limited Partnership do 84 Lumber Company — USR22-0020 - IA23-0001 Page 2 of 13 Improvement(s), indicating the estimated cost of construction (engineer's estimate) to detail the costs used in determining the collateral requirement for the development. Construction costs must be obtained through a registered Colorado engineer. A registered Colorado engineer must sign and stamp the construction cost Exhibit A submitted to County for sites that have project collateral. New or additional collateral may be required for the Future Off -Site Improvements. If required, collateral shall be submitted at the same time as Exhibit A. Exhibit A shall be attached to this Agreement and incorporated herein once approved by the County. 4.0 Construction Schedule Exhibit. When any Trigger is met, the Property Owner shall submit Exhibit B within six (6) months of being notified regarding the need for the Future Off -Site Improvement(s), indicating the construction schedule, including the completion date for the Future Off -Site Improvement(s). Property Owner shall not commence construction of any Future Off -Site Improvements prior to approval of the Construction Plans and receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit. Property Owner shall complete all Future Off -Site Improvements in accordance with the construction schedule Exhibit B, or any amendments thereto as the case may be, executed in accordance with the terms of this Agreement. The construction of the Future Off -Site Improvements shall be completed within the specified timeframe, which may not exceed three (3) years from the date the Trigger is first met and shall be completed as follows: Year 1 - design deadline; Year 2 - ROW/Utilities; Year 3 - Construction. Property Owner shall collateralize 100% of the cost of the Future Off -Site Improvements, including design, right-of-way, and utility relocation cost within six (6) months of being notified of meeting the Trigger(s). Exhibit B shall be attached to this Agreement and incorporated herein once approved by the County. 5.0 Collateral. Collateral for any additional Future Off -Site Improvements required by the Triggers may be required by the BOCC. Collateral is accepted and released by the BOCC pursuant to the Weld County Code in effect at the time of acceptance and at the time of release. Additional information about collateral is outlined in Part II.B of this Agreement. 6.0 As -Built Plans. "As -built" plans of any Future Off -Site Improvements shall be submitted to the County at the time the letter requesting release of collateral is submitted, or once the Property Owner has completed Improvements as described in Part II.B, Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built drawings of the Future Off -Site Improvement(s). The as -built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. C. Future Safety Improvements 1.0 Intersection of CR 64 and CR 31. Property Owner shall be responsible for a proportional share of the total overall costs of improvements of the CR 64 ("O" Street) and CR 31 (N. 59th Avenue) intersection when the City of Greeley and County improves the said intersection in order to improve the overall public health and safety. Property Owner's proportional share of the cost will be based on the Property Owner's traffic contribution at this intersection at the time of the improvements. 2.0 Intersection of CR 64 and CR 27. Property Owner shall be responsible for a proportional share of the total overall costs of improvements of the CR 64 ("O" Street) and CR 27 (N. 83rd Avenue) intersection when the County improves the said intersection in order to improve the overall public health and safety. Property Owner's proportional share of the cost will be based on the Property Owner's traffic contribution at this intersection at the time of the improvements. D. Haul Routes: The Property Owner shall be financially responsible for its proportional share of the associated costs for maintaining and/or improving designated haul/travel routes. Pierce Hardy Limited Partnership c/o 84 Lumber Company — USR22-0020 — IA23-0001 Page 3 of 13 1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property: 1) East and West on CR 64 ("O" Street) between CR 31 (N. 59th Avenue) and CR 27 (N. 83rd Avenue). 2.0 Haul trucks shall enter and exit the Property at the approved access(es) on CR 64 and remain on paved roadways for further dispersal. Any County roads used by USR22-0020 traffic may become part of the established haul/travel routes. 3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle and axle configurations unless overweight permits have been applied for and granted. 4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the above - mentioned haul/travel route for six (6) months or less, the Weld County Department of Planning Services may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved County roads whenever possible. A deviation from the established haul/travel route lasting more than six (6) months, or requests for one (1) or more deviations within a twelve (12) -month period shall authorize the County to change the haul/travel routes designated herein and provide notice to the Property Owner. 5.0 Haul Route Signage. Property Owner shall install travel route signs, if applicable, as per Manual of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by drivers leaving the Property and which clearly depict County approved travel routes. 6.0 No Deviation from Permitted Haul Routes. Except as authorized by the BOCC pursuant to this Agreement, no use of arty roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. E. Off -Site Maintenance Requirements: 1.0 Off -site recurring maintenance, if applicable, as required by the BOCC: 2.0 Repair. Property Owner shall be financially responsible for its proportional share of excavation, patching, and pavement repair on designated haul/travel routes ("Off -Site Maintenance"). 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. 3.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant Damage in writing. Property Owner shall identify the repair required and shall consult with County on the extent, type, timing, materials and quality of repair (i.e., temporary versus permanent) within forty-eight (48) hours after receipt of such written notice, and shall commence such repair within seventy-two (72) hours after receipt of such written notice, unless unable to do so due to circumstances beyond its reasonable control such as a natural disaster event or an act of God, in which case Property Owner will provide immediate notice to the County of the event. If Property Owner identifies Significant Damage prior to receiving written notice thereof from County, Property Owner may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials, and quality of repair (i.e., temporary versus permanent). 4.0 Repair of Road: On or before December 31 of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haul/travel route road portion will Pierce Hardy Limited Partnership c/o 84 Lumber Company — USR22-0020 — IA23-0001 Page 4 of 13 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 Maintenance costs, County shall notify Property Owner in writing that the Off -Site Maintenance shall be undertaken. Within ninety (90) days of its receipt of County's written notice of the need to undertake the Off -Site Maintenance, Property Owner shall submit Off -Site Construction Plans and Cost Estimates to County for review. Property Owner shall have sole responsibility for the completion of the repairs, improvements, or Off -Site Maintenance on or before December 15 of the year following County's written notice of the need for the same. 4.1 In County's sole discretion, County may undertake Off -Site Maintenance. Property Owner's payment for its proportionate share of the Off -Site Maintenance will be calculated as set forth in this Agreement. Property Owner will be invoiced for its proportionate share of the cost of such Off -Site Maintenance. 5.0 Calculation of Property Owner's Proportional Share of Costs. County shall notify Property Owner in writing of County's preliminary determination and assessment of Property Owner's proportional share of the cost of Off -Site Maintenance. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon, and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Owner's proportional share of costs. Property Owner agrees to pay its proportional share of the cost of Off -Site Maintenance within thirty (30) days of receiving an invoice for same from County. 6.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of Property Owner and all other property owners and/or lessees who are required by County to participate in road improvement/maintenance agreements for the haul routes designated in this Agreement. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine the road repair/improvement/maintenance work, if any, to be performed during that construction season. Written notification to the Property Owner of the required Off -Site Maintenance will be given to Property Owner as soon as that information becomes available to the County. PART II: GENERAL PROVISIONS A. Engineering and Construction Requirements: 1.0 Engineering Services. Property Owner shall furnish to County, at its own expense, all engineering services in connection with the design and construction of the off -site improvements and all on -site drainage -related structures if required by any Municipal Separate Storm Sewer System (MS4) permit, as identified on the accepted Construction Plans and according to the construction schedule set forth in the construction schedule exhibits. These engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado and shall conform to the standards and criteria established by the County for public improvements. These engineering services shall consist of, but not be limited to surveys, designs, plans, and profiles, estimates, construction supervision, and the submission of necessary engineering documents to the County. 2.0 Rights -of -Way and Easements. Before commencing the construction of any Off -Site Maintenance or other improvements herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, good and sufficient ROW and easements required for such Off -Site Maintenance or other improvements. The County will not exercise eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads to be accepted by the County shall be conveyed to the County Pierce Hardy Limited Partnership c/o 84 Lumber Company — USR22-0020 - IA23-0001 Page 5 of 13 on County -approved forms, and the documents of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC and recording. 3.0 Construction. Property Owner shall furnish and install, at its own expense, the improvements (and any drainage -related structures required by any MS4 permit) identified on the accepted Exhibits and shall be solely responsible for the costs of construction for such improvements set forth in the Exhibits. Such improvements shall be completed in accordance with the construction schedule set forth in the Exhibits, and/or any amendments, executed in accordance with the terms of this Agreement. The BOCC, at its option, may grant an extension of the time of completion set forth in construction schedule exhibits stated herein upon application by the Property Owner. Construction of said improvements shall conform to the plans and drawings accepted by the County and the specifications adopted by the County. 4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third -party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. At all times during said construction, the County shall have the right to test and inspect material and work, or to require testing and inspection of material and work at Property Owner's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed, or replaced to the satisfaction of the County at the expense of Property Owner. 5.0 Construction Standards. Design and construction of all Off -Site Maintenance and Future Off -Site Improvements shall conform to the current version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld County Engineering and Construction Criteria. 6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of issuance of any ROW or Access Permit, the Property Owner shall submit a traffic control plan for County review. During construction, appropriate safety signage shall be posted in accordance with the then -current version of the Manual of Uniform Traffic Control Devices. B. Collateral: 1.0 General Requirements for Collateral. Property Owner shall provide to County the necessary collateral to guarantee all of Property Owner's obligations under this Agreement: (1) Project Collateral is required for completion of Off -Site Maintenance and Future Off -Site Improvements, as described in this Agreement; (2) Warranty Collateral is required for all Off -Site Maintenance and Future Off -Site Improvements during the two-year warranty period. Collateral acceptance and release are governed by the Weld County Code in effect as the time of the acceptance or release of collateral. 1.1 Project Collateral shall be submitted to guarantee completion of Off -Site Maintenance and Future Off -Site Improvements identified in the Exhibits which will be attached to this Agreement, if/when triggered. Project Collateral must be submitted in an amount equal to 100% of the value of the improvements, as calculated in the cost of construction Exhibits attached to this Agreement, if/when triggered. Project Collateral must be submitted at the time of execution of the Agreement, unless otherwise directed by the Board of County Commissioners. In the event that Property Owner fails to adequately complete the required improvements as set forth in this Agreement, County may, in its sole discretion, access Project Collateral for the purpose of completing such improvements. It may be necessary to provide additional collateral in the event the cost estimate is older than three Pierce Hardy Limited Partnership c/o 84 Lumber Company — USR22-0020 — IA23-0001 Page 6 of 13 (3) years. NO WORK SHALL COMMENCE UNTIL PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY. 1.2 Warranty Collateral shall be submitted and held by the County until release after the two- year warranty period following the County's initial approval of the improvements. Warranty Collateral shall be in an amount equal to fifteen percent (15%) of Project Collateral. In the event that Property Owner fails to adequately complete or repair improvements during the warranty period, County may, in its sole discretion, access Warranty Collateral for the purpose of completing such repairs. 2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash deposit, subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code, as that section may be amended from time to time. 3.0 Release of Collateral. Collateral shall be released in accordance with Section 2-3-30 of the Weld County Code. For collateral release, County personnel will conduct inspections of the Off -Site Maintenance and Future Off -Site Improvements. 3.1 Timing of Release. Project Collateral may be released upon completion of all improvements set forth in the Exhibits attached to this Agreement if/when the improvements are triggered after initial approval of the improvements by the County. Warranty Collateral shall be withheld by County at the time of release of Project Collateral or may be submitted separately by Property Owner. Warranty Collateral may be released upon the approval of the County at the end of the two-year warranty period (i.e., two (2) years after County's initial approval of the improvements). 3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for all of the improvements or for a portion of the improvements, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the improvements or a portion of the improvements has been completed in substantial compliance with accepted plans and specifications documenting the following: 3.2.1 The Property Owner's Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 3.2.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or at such time as the Property Owner has completed improvements as shown on the Exhibit C and/or Exhibit D and shall be stamped and approved by an Engineer registered in the State of Colorado, if an Engineer was initially required for the project. The Property Owner's Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from a Development Review Engineer. Pierce Hardy Limited Partnership c/o 84 Lumber Company — USR22-0020 — IA23-0001 Page 7of13 3.3 County's Response to Request for Release of Collateral. Following a written request for release of collateral, County personnel will inspect the improvements as provided in this Agreement. Upon approval, the Board of County Commissioners may release said collateral to Property Owner. C. Acceptance of Improvements: 1.0 Acceptance of Off -Site Improvements: Upon completion of any Off -Site Maintenance and/or Future Off -Site Improvements, Property Owner shall contact the Weld County Development Review and request an inspection of such improvements. Upon such request, County personnel will initiate the inspection, approval, and acceptance process. 2.0 Inspection, Approval, and Acceptance Process: 2.1 Upon completion of construction of any Off -Site Maintenance and/or Future Off -Site Improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Planning Services a Statement of Substantial Compliance by Property Owner's Engineer along with "as -built" drawings as required in subsection B.3.2.3, above, and shall request County inspection of said improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans, the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall initially approve the said improvements. 2.2 Two -Year Warranty Period. The two-year warranty period shall begin upon County's initial acceptance of the Off -Site Maintenance and/or Future Off -Site Improvements as the case may be. Upon completion of the two-year warranty period, County Public personnel shall, upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner in writing of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. County personnel shall re -inspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County personnel finds that the improvements are constructed according to County standards, he or she shall approve the improvements. Such final approval shall authorize the Property Owner to request the Board of County Commissioners to release the Warranty Collateral. 2.3 Placement of Improvements into Service Prior to County Approval. If requested by the Property Owner and agreed to by the County, portions of any Off -Site Maintenance and/or Future Off -Site Improvements may be placed in service when completed according to the construction schedule set forth in the applicable Exhibit, but such use and operation shall not alone constitute an approval or acceptance of said portions of the improvements. County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but m- not completed according to the construction schedule set forth in the applicable Exhibit and may m ° G continue to issue building permits so long as the progress of work on the improvements is �03a satisfactory to the County, and all terms of this Agreement have been faithfully kept by Property Owner. orb i :` o z D. Permits: Property Owner is required to apply for and receive allpermits required by the County °D�� P rty q PP Y q or any other applicable local, State, or federal permit, including but not limited to: �a 4 brat, 1.0 Access Permits. Property Owner shall not use any access onto any County Road unless and until m" an access permit has been issued by the Department of Planning Services. Planning Services may condition Rift PicNY :5 Pierce Hardy Limited Partnership c/o 84 Lumber Company — USR22-0020 — IA23-0001 Page8of13 a��- 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. E. Enforcement and Remedies: 1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the violation is continuing, County may consider Property Owner to be in breach of this Agreement. 2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner has violated the terms of this Agreement and has failed to correct said violation pursuant to Section E, Paragraph 1 above, County may exercise any or all of the following remedies, or any other remedy available in law or equity. 2.1 Access and Use of Collateral. County may access and use collateral to address the issues specific to the violation. For example, the County may access and use Project Collateral in order to complete improvements set forth in the Construction Plans when such improvements have not been completed in accordance with the Construction Schedule, or any amendments thereto, or any extensions to the Construction Schedule agreed upon by the Parties. 2.2. Withholding Permits. County may "lock" any or all lots within the Property, which precludes the continued issuance of building permits, zoning permits, septic permits, or any other permit issued by any department of the County. 2.3 Court Action. County may seek relief in law or equity by filing an action in the Weld District Court or Federal District Court for the District of Colorado, except that no such civil action or order shall be necessary to access collateral for the purpose of completing improvements as -� described above. a.� •E'..-,, 2.4 Revocation of USR Permit. Property Owner acknowledges that failure to comply with the a�5e terms of this Agreement constitutes cause to revoke the USR, and County may exercise this option �m3 in its sole discretion by proceeding with revocation under the then -current provisions of the Weld L�L County Code. lipo•ms onc, ®gM 3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following • - events: sm �a 3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of dim the underlying land use approval under Weld County Code Section 23-2-290. However, County M"gN® a. Pierce Hardy Limited Partnership c/o 84 Lumber Company — USR22-0020 — IA23-0001 Page 9 of 13 L - may still exercise all necessary activities under 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 USR including any clean up or restoration required. A partial cessation of activities shall not constitute a termination of this Agreement, nor shall County's issuance of a partial release/vacation constitute a termination of this Agreement. Unless the County is informed in writing by the Property Owner of cessation of activities, cessation shall only be presumed if the County determines that the USR has been inactive for three (3) consecutive years. Property Owner shall not be entitled to a release of Project or Warranty Collateral unless and until the improvements required by this Agreement are completed. 3.3 Execution of Replacement Agreement. This Agreement shall terminate following County's execution of a new Improvements Agreement with a new owner or operator who has purchased the Property or has assumed the operation of the business permitted by the USR and intends to make use of the rights and privileges available to it through the then -existing USR. 3.4 Revocation of USR. This Agreement shall terminate following County's revocation of Property Owner's USR, except that the Property Owner shall only be released from this Agreement after the successful completion of all improvements required under this Agreement, which may be completed by County after accessing Property Owner's collateral if Property Owner fails to complete such improvements. F. General Provisions: 1.0 Successors and Assigns. 1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part, without the prior express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In such case, Property Owner's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. 1.2 County's rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the Parties. 3.0 Governmental Immunity. No term or condition of this Agreement 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 §§24-10-101 et seq., as applicable now or hereafter amended. 4.0 Amendment or Modification. Any amendments or modifications to this Agreement shall be in writing and signed by both Parties. Pierce Hardy Limited Partnership c/o 84 Lumber Company — USR22-0020 - IA23-0001 Page 10 of 13 5.0 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 in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 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 arising out of or related to this Agreement, the Parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner, concerning this Agreement, the Parties agree that each Party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 9.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description caused by, arising from, or on account of the design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other Party that the execution and delivery of the Agreement and the performance of such Party's obligations hereunder have been duly authorized, and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 12.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement, understands it, and agrees to be bound by its terms. Both Parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the Parties Pierce Hardy Limited Partnership c/o 84 Lumber Company — USR22-0020 — IA23-0001 Page 11 of 13 and supersedes all proposals or prior agreements, oral or written, and any other communications between the Parties relating to the subject matters 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 the Parties enter into this Agreement, the terms of the Weld County Code shall control. EN - 2 uir 3M- . at NLLn -o Y L 0_�0g mv� zy E� Pierce Hardy Limited Partnership c/o 84 Lumber Company — USR22-0020 —1A23-0001 Page 12 of 13 PROPERTY OWNER: Pierce Hardy Limited Partnership, a Pennsylvania limited partnership By: Peter Jon Co., General Partner By. Name: Title: L. dayh STATE OF COLORAB© County of Weld- to Date 1 (8 ('L3 ss. pp Jr The foregoing instrument was acknowledged before me this b day of 2021, by ha a i Cu r rlLr Denis Bastian, o ary u is Washington County My commission expires March 3, 2024 Commission number 1364539 Member, Pennsylvania Association of Notaries Aktit_/104]-0,..) Notary Public WELD COUNTY: ATTEST: Weld C BY: .deriLeti XL; lerk to the '- oard Deputy Cle BOARD OF COUNTY COMMISSIONERS UNTY, COLORADO erry L. B,ck, Pro-Tem JUL 0 5 2023 Pierce Hardy Limited Partnership c/o 84 Lumber Company — USR22-0020 - IA23-0001 Page 13 of 13 Oc Contract Form New Contract Request Entity Information Entity Name" 84 LUMBER COMPANY Entity ID* 2O10016069 Contract Name* IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT PIERCE HARDY LIMITED PAARTNERSHIP C O 84 LUMBER COMPANY USR22-0020 Contract Status CTB REVIEW ❑ New Entity? Contract ID 7129 Contract Lead* JTRUIILLOMARTINEZ Contract Lead Email jtrujil lomartinezPweldgov.c om Parent Contract ID Requires Board Approval YES Department Project # Contract Description* IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT PIERCE HARDY LIMITED PAARTNERSHIP C O 84 LUMBER COMPANY USR22-0020 NO COLLATERAL REQUIRED Contract Description 2 Contract Type* AGREEMENT Amount* 80.00 Renewable* NO Automatic Renewal Grant IGA Department PLANNING Department Email CM- Plan ning-weldgov.com Department Head Email CM-Planning- DeptHead veldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYfAWELDG OV.COM If this is a renewal enter previous Contract ID if this is part of a NSA enter NSA Contract ID Requested BOCC Agenda Date* 06!28/2023 Due Date 06 24.2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnRase Contract Dates Effective Date Review Date* 06'28'2024 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date • 06120 2025 Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TOM PARKO JR. DH Approved Date 06 26 2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07 05!2023 Originator JTRUJ I LLOMARTINEZ Finance Approver CHERYL PATTELLU Legal Counsel KARIN MCDOUGAL Finance Approved Date Legal Counsel Approved Date 06.27:2023 06 27x'2023 Tyler Ref it AG 070523 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR22-0020, FOR A LUMBERYARD AND TRANSLOADING FACILITY OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - PIERCE HARDY LIMITED PARTNERSHIP, C/O 84 LUMBER COMPANY 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 30th day of November, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Pierce Hardy Limited Partnership, c/o 84 Lumber Company, 1019 Route 519, Eighty Four, Pennsylvania 15330, fora Site Specific Development Plan and Use by Special Review Permit, USR22-0020, for a Lumberyard and Transloading facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lots A and B of Recorded Exemption, RE -449; being part of the NE1/4 NE1/4 of Section 33, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and 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. The applicant has demonstrated that the request is in conformance with Section 23-2-230.6 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 22-2-30.6.2 states: "Urban -scale development shall only be placed where urban services, including public water, are available." The site currently has services provided by the North Weld County Water District and eventually could have the ability to be serviced by the City of Greeley water and sewer. This ability allows the area to be developed in an urban manner. cc: pL(-rya/ IDA) c fR OO%), APPL. olli6/23 2022-3131 PL2845 SPECIAL REVIEW PERMIT (USR22-0020) - PIERCE HARDY LIMITED PARTNERSHIP, C/O 84 LUMBER COMPANY PAGE 2 2) Section 22-2-40.A.1 states: "Identify target areas where the County is able to encourage shovel -ready commercial and industrial development." The existing site has been developed already with an existing USR for a solid waste disposal site and facility (recycling facility/transfer station). The proposed use will utilize the existing structure onsite and the property is ready for new development. Additionally, the properties around it are existing industrial sites, with the City of Greeley's Imagine Greeley Land Use Guide Map defining this area as a Neighborhood Center, with properties defined as Employment, Industrial, and Commercial Areas. 3) Section 22-2-40.A.3 states: "Plan and invest in a robust transportation system that connects markets and population centers." The subject property is bounded on the north by County Road 64 ("O" Street), on the west by County Road 31 (N. 59th Avenue), and on the south by railroad tracks. County Road 64 is designated as an arterial road, per Weld County, and County Road 31 is annexed into the City of Greeley and is designated as an arterial road. The site will utilize the rail for delivery of materials. The roadways and rail currently, and will continue to, connect the market to the population centers. The site is located in the North Greeley Rail Corridor Subarea. The North Greeley Rail Corridor Subarea Plan was incorporated into the Weld County Code as Appendix 22-A, via Ordinance #2010-4, dated July 12, 2010. This Subarea Plan is designed to create opportunities for landowners along the rail corridor extending from just west of County Road 23.75 to about one (1) mile east of County Road 31. Industries will be attracted to the Subarea because of the availability of significant transportation modes such as the railroad tracks. The site is also in an Opportunity Zone and, although this is not a Change of Zone, it is a commercial use and, therefore, the location of this business is consistent with the Comprehensive Plan's intent to place commercial businesses within one -quarter (1/4) mile of railroads. B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of the A (Agricultural) Zone District. 1) Section 23-3-10 — Intent, states: "Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the county. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and 2022-3131 PL2845 SPECIAL REVIEW PERMIT (USR22-0020) - PIERCE HARDY LIMITED PARTNERSHIP, C/O 84 LUMBER COMPANY PAGE 3 for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." 2) Section 23-3-40.P — Uses by Special Review of the Weld County Code allows for a "Lumberyards/woodworking" in lots outside of subdivisions and historic townsites in the A (Agricultural) Zone District. This Code section allows the applicant to apply for the lumberyard component of the proposal. 3) Section 23-3-40.11 — Uses by Special Review of the Weld County Code allows for a "Transloading" facility in lots outside of subdivisions and historic townsites in the A (Agricultural) Zone District. This Code section allows the applicant to apply for the transloading facility component of the proposal. C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent unincorporated lands are zoned A (Agricultural) and I-1 (Light Industrial). The properties annexed by the City of Greeley are about 400 feet southwest of the site and are zoned 1-2 (Medium Industrial). The surrounding land uses to the north, east, and south consist of irrigated, dryland agricultural. Commercial and industrial uses are concentrated to the southwest of the site. There are nine (9) USRs within one (1) mile of the site and two (2) Site Plan Reviews. To the north of the subject property there is one (1) natural gas facility; USR-598. To the east of the subject property there is one (1) mining operation; USR-2AMUSR-247, one (1) resource development facility; USR-1779; and one (1) telecommunication tower, USR-1515. To the south of the subject property there is one (1) kennel, USR-1587; and one (1) second single-family dwelling unit; USR18-0014. To the west of the subject property there is one (1) gravel mining operation, USR-900; one (1) mineral resource development facility, 2AMUSR-897; and one (1) excavating company; SPR21-0005 and SPR-4. The Weld County Department of Planning Services sent notice to 20 surrounding property owners within 500 feet of the subject property. There were no emails or phone calls received regarding the proposed application. The proposed use is in an area that can support this development, and the proposed screening, Conditions of Approval and Development Standards will assist in mitigating the impacts of the facility on adjacent properties and ensure compatibility with surrounding land uses and the region. 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 site is located within the three (3) mile referral area of the City of Greeley. The City of Greeley had many comments in their 2022-3131 PL2845 SPECIAL REVIEW PERMIT (USR22-0020) - PIERCE HARDY LIMITED PARTNERSHIP, CIO 84 LUMBER COMPANY PAGE 4 referral response, dated September 7, 2022. Most comments were advisory and related to the design of the site, which is captured in the landscape plan. Other comments were related to the stormwater/drainage requirements, which will be captured in the required drainage report, per Development Review. E. Section 23-2-230.6.5 — The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District, Agricultural Heritage Overlay District, A -P (Airport) Overlay District, 1-25 Overlay District, MS4 - Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites Overlay District, or Municipal Separate Storm Sewer System (MS4), a Special Flood Hazard Area, or the Historic Townsites Overlay District. The site is located in the North Greeley Rail Corridor Subarea. Building Permits issued on the property will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs. F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposal is located on approximately 10.7 acres. No prime agricultural land is affected by this proposal. Half of the site is currently developed and with this proposal the entire property will be developed. Due to the size of the property and the historic use of the site no agricultural land will be impacted by this proposal. G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Pierce Hardy Limited Partnership, do 84 Lumber Company, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0020, for a Lumberyard and Transloading facility outside of subdivisions and historic townsites 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 map: A. The applicant shall acknowledge the requirements of the City of Greeley, as stated in the referral response, dated September 7, 2022. Written evidence of such shall be submitted to the Weld County Department of Planning Services. 2022-3131 PL2845 SPECIAL REVIEW PERMIT (USR22-0020) - PIERCE HARDY LIMITED PARTNERSHIP, C/O 84 LUMBER COMPANY PAGE 5 B. The applicant shall acknowledge the requirements of the Greeley Fire Department, as stated in the referral response, dated August 18, 2022. Written evidence of such shall be submitted to the Weld County Department of Planning Services. C. The applicant shall address the requirements of the Weld County Department of Building Inspection, as stated in the referral response, dated August 24, 2022. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. D. The applicant shall record the Lot Line Adjustment plat, LLA22-0010, prior to recording the USR22-0020 map. E. There is a Use by Special Review Permit, USR-1670, Reception #3683459, for a Solid Waste Disposal Site and Facility (recycling facility/transfer station) in the A (Agricultural) Zone District on Lot A of Recorded Exemption, RE -449. The applicant shall submit a letter requesting the vacation of USR-1670. USR-1670 shall be vacated prior to recording the USR22-0020 map. F. An updated Landscape and Screening Plan that screens the site from the surrounding property owners and rights -of -way and includes the proposed lighting for the site shall be submitted to, and approved by, the Department of Planning Services. G. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer, registered in the State of Colorado, is required. H. A Final Traffic Impact Analysis stamped and signed by a Professional Engineer, registered in the State of Colorado, is required. I. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. J. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR22-0020. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 2022-3131 PL2845 SPECIAL REVIEW PERMIT (USR22-0020) - PIERCE HARDY LIMITED PARTNERSHIP, C/O 84 LUMBER COMPANY PAGE 6 4) The applicant shall delineate the trash collection areas on the map. Section 23-2-240.A.13 of the Weld County Code addresses the issue of trash collection areas. 5) The map shall delineate the landscaping and screening in accordance with the approved Landscape and Screening Plan. 6) The map shall delineate the on -site lighting in accordance with the approved Lighting Plan. 7) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. 8) The map shall delineate the parking area for the vendors, customers and/or employees. 9) County Road 64 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the site map or plat. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 10) This portion of County Road 31 (also known as N. 59th Avenue) is under the jurisdiction of the City of Greeley. Please contact the municipality to verify the right-of-way. Show and label the right-of-way. If applicable, show the approved access(es) on the site plan and label with the approved Access Permit number. 11) The applicant shall show and label the existing proposed access locations onto County Road 64 and County Road 31. Show and label the access width and the appropriate turning radii on the map. The applicant must obtain an Access Permit in the approved locations prior to construction. 12) The applicant shall show and label the approved tracking control on the site plan. 13) The applicant shall show and label the entrance gate, if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) 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. 2022-3131 PL2845 SPECIAL REVIEW PERMIT (USR22-0020) - PIERCE HARDY LIMITED PARTNERSHIP, CIO 84 LUMBER COMPANY PAGE 7 14) The applicant shall show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Retention, No -Build or Storage Area" and shall include the calculated volume. 15) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within 120 days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional three (3) month period. 4. Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. 5. The Use by Special Review 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 Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. 2022-3131 PL2845 SPECIAL REVIEW PERMIT (USR22-0020) - PIERCE HARDY LIMITED PARTNERSHIP, CIO 84 LUMBER COMPANY PAGE 8 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of November, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: daidadv;� Weld County Clerk to the Board BY: APP ounty orney Date of signature: 01/.3 /23 Slvott K. James, Chair man, Pro-Te Perry L. Bk XCUSED teve Moreno EXCUSED Lori Saine 2022-3131 PL2845 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS PIERCE HARDY LIMITED PARTNERSHIP, C/0 84 LUMBER COMPANY USR22-0020 1. Site Specific Development Plan and Use by Special Review Permit, USR22-0020, is for a Lumberyard and Transloading facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The hours of operation are 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 12:00 p.m., on Saturday. 4. The number of on -site employees shall be up to fifteen (15) full-time employees and ten (10) part-time employees. 5. The parking area on the site shall be maintained. 6. The storage area on the site shall be maintained. 7. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. 8. The existing and proposed landscaping and screening on the site shall be maintained in accordance with the accepted Landscape and Screening Plan. 9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 10. 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, C.R.S. §30-20-100.5. 11. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the Weld County Code. 12. 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 and the accepted Dust Abatement Plan. 13. This facility shall adhere to the maximum permissible noise levels allowed in in the Light Industrial Zone, as delineated in C.R.S. §25-12-10. 2022-3131 PL2845 DEVELOPMENT STANDARDS (USR22-0020) - PIERCE HARDY LIMITED PARTNERSHIP, 0/O 84 LUMBER COMPANY PAGE 2 14. Any On -site Wastewater Treatment System (OWTS) located on the property must comply with all provisions of the Weld County Code, pertaining to OWTS. 15. Any additional hydraulic load to the existing OWTS (SP -0900146) will require an evaluation from a Colorado Registered Professional Engineer. The engineer's evaluation shall be submitted to the Weld County Department of Public Health and Environment. In the event the system is found to be inadequate, the system must be brought into compliance with current OWTS Regulations. 16. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 17. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 18. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 19. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 20. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 21. Any work that may occupy and/or encroach upon any County rights -of -way or easement shall require an approved Right -of -Way Use Permit prior to commencement. 22. The property owner shall comply with all requirements provided in the executed Improvements Agreement. 23. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. 24. Weld County is not responsible for the maintenance of on -site drainage related features. 25. The historical flow patterns and runoff amounts on the site will be maintained. 26. Lighting shall be maintained in accordance with the accepted Lighting Plan. 27. 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. 2022-3131 PL2845 DEVELOPMENT STANDARDS (USR22-0020) - PIERCE HARDY LIMITED PARTNERSHIP, C/O 84 LUMBER COMPANY PAGE 3 28. Building Permits shall 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 have been adopted by Weld County: 2018 International Building Codes, 2020 International Energy Code, 2020 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. 29. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 30. 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. 31. 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. 32. 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. 33. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of the Department of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. 34. 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. 2022-3131 PL2845 DEVELOPMENT STANDARDS (USR22-0020) - PIERCE HARDY LIMITED PARTNERSHIP, C/O 84 LUMBER COMPANY PAGE 4 35. 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 people moving into these areas must recognize the various impacts associated with this development. Oftentimes, 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. 36. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the Weld County Code, shall be placed on the map and recognized at all times. 2022-3131 PL2845 Hello