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Home My WebLink About20232295.tiffRESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PUDF22-0003 - WESLEY AND SHAUN BASILIERE 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 August 12, 2022, the Director of the Department of Planning Services conditionally approved the application of Wesley and Shaun Basiliere, 13813 County Road 74, Eaton, Colorado 80615, for a Planned Unit Development (PUD) Final Plan, PUDF22-0003, for two (2) residential lots with E (Estate) Zone District Uses and certain A (Agricultural) Zone District uses, specifically allowing for one (1) second single-family home per lot and the number of allowed animal units in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Amended Subdivision Exemption, AMSE-1030; being part of the E1/2 SE1/4 of Section 32, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board of County Commissioners has been presented with an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Wesley and Shaun Basiliere, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with collateral in the form of a cashier's check, number 6002502211, issued by Ent Credit Union, P.O. Box 15819, Colorado Springs, Colorado 80935, in the amount of $76,596.70, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said cashier's check, as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Wesley and Shaun Basiliere, be, and hereby is, approved. 4917142 Pages: 1 of 25 08/24/2023 12:22 PM R Fee:$0 00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII 1 MWA 1,4,11111 cc : PL (TP/N W/D A / 311A/ KR) 0'6/31/23 2023-2295 PL2822 IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT - WESLEY AND SHAUN BASILIERE (PUDF22-0003) PAGE 2 BE IT FURTHER RESOLVED that collateral in the form of a cashier's check, number 6002502211, issued by Ent Credit Union, P.O. Box 15819, Colorado Springs, Colorado 80935, in the amount of $76,596.70, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of August, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dit4.4) x4o•64i. Weld County Clerk to the Board BY: Deputy Clerk to t e Board APPROVED AS TO FORM: County Attorney Date of signature: Oil/to/23 4917142 Pages: 2 of 25 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppel, Clerk and R®corder, Weld County CO VIII�1�'�4�� r41Y4�'{�I�L'��1kiIkJP'� Ir' kL� II III Mi Perry an, Chair c i B , Pro-Tem c• t K. James USED on Saine 2023-2295 PL2822 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Approve On -Site Improvements and Road Maintenance Agreement for: Wesley Jay Basiliere and Shaun Basiliere — PUDF22-0003 DEPARTMENT: Planning Services DATE: July 18, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from the applicant, Wesley Jay Basiliere and Shaun Basiliere, requesting that the Board of County Commissioners consider approving the On -Site Improvements and Road Maintenance Agreement for (PUDF22-0003). Collateral in the amount of $76,596.70 is required with this agreement. Collateral has been provided in the form of a cashiers check, check number 600250221, issued by Ent Credit Union, P.O. Box 15819, Colorado Springs, Colorado 80935. 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 Planned Unit Development — Final Plan conditional approval, as signed by the Director of Planning Services. 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 2. 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 PUDF22-0003, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine App rove Schedule Recommendation Work Session Other/Comments: 2023-2295 Vi PL ZS' Z2 QEnt° P.O. BOX 15819 COLORADO SPRINGS, CO 80935-5819 BOARD OF WELD COUNTY COMMISSIONERS RE: SHAUN BASILIERE AND WESLEY JAY BASILIERE @Ent® P.O. BOX 15819 COLORADO SPRINGS, CO 80935-5819 82-7000/3070 OFFICIAL CHECK THE PURCHASE OF AN INDEMNITY BOND WILL BE REQUIRED BEFORE AN OFFICIAL CHECK OF THIS CREDIT UNION WILL BE REPLACED OR REFUNDED IN THE EVENT IT IS LOST, MISPLACED, OR STOLEN ENT CREDIT UNION IS NOT OBLIGATED TO TAKE ANY ACTION ON THE ABOVE UNTIL AFTER THE 90TH DAY AFTER DATE OF ISSUANCE. Check Number: Account: Name: Effective Date: Post Date: Teller: Purpose: Dollar Amount: DATE 07/14/2023 PAY: ***SEVENTY SIX THOUSAND FIVE HUNDRED NINETY SIX AND 70/100 DOLLARS*** TO THE ORDER OF BOARD OF WELD COUNTY COMMISSIONERS RE: SHAUN BASILIERE AND WESLEY JAY BASILIERE PV+s HEa_ 'F \ W 9 s 6002502211 XXXXXXX828 BASILIERE,SHAUN 07/14/2023 07/14/2023 4993 OPEN END LOAN ADVANCE 76,596.70 32 6002502211 $76,596.70 ENT CREDIT UNION Authorized Signature Second Signature Required For Amounts Over $150,000 CO CO 0O 0 N- U 0 a m a O 0) 120 RECEIPT RECEIVED FROM ADDRESS FOR DATE LP. o, 14€444-•& oz? 02002.3 No 9 2 2 7 5 l41.4;> /5p7, ate HOW PAID r CASH CHECK I I& scq6, MONEY ORDER / • gis Co So7m-tai 7 5'G.7o ra -rxb3 X32 (,00d5Zlo2ohl r 7kscseer keor Details on Back. Q Ent' P.O. BOX 15819 COLORADO SPRINGS, CO 80935-5819 BOARD OF WELD COUNTY COMMISSIONERS RE: SHAUN BASILIERE AND WESLEY JAY BASILIERE Check Number: Account: Name: Effective Date: Post Date: Teller: Purpose: Dollar Amount: 6002502211 BASILIERE,SHAUN 07/14/2023 07/14/2023 4993 OPEN END LOAN ADVANCE 76,596.70 • • • 0 .o o L- C) o - 02 (L.Drs CO i o O 0 O U a_ Greeley CO 80632 RECEIPT RECEIVED FROM ADDRESS LP.O, r. /4 FOR DATE 1 er HOW PAID CASH CHECK [C sc96, TO MONEY ORDER / a8 02043 No 9 2 2 7 5 p,. Co 74594'. 70 QWa -a003 Oftic.fitteic-44A3g (,0025�o2oh1r kea • • • • IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Wesley and Shaun Basiliere — F22-0003 THIS AGREEMENT is made this �, ' day of 2023, by and between Wesley and Shaun Basiliere, whose address is 13813 County Road 7 , ato , Colorado 80615, hereinafter referred to as "Property Owner," authorized to do business in the Sta of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: Amended Subdivision Exemption AMSE-1030, being part of the 01/2 SE1/4 of Section 32, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received the Director of Planning Services conditional approval of PUDF22-0003 for two (2) residential lots with Estate Zone District Uses and A (agricultural) Zone District uses, specifically allowing for one (1) second single-family home per lot and the number of allowed animal units in the A (Agricultural) Zone District, and WHEREAS, Property Owner acknowledges that the final approval of PUDF22-0003 is conditional upon Property Owner's funding and/or construction of the on -site and off -site improvements described in this Agreement and depicted in the following incorporated exhibits: Exhibit A-1 — Off -Site Improvements Costs of Construction Exhibit B-1 — Off -Site Improvements Construction Schedule Exhibit A-2 — On -Site Improvements Costs of Construction, Exhibit B-2 — On -Site Improvements Construction Schedule, Exhibit C — Construction Plans, Exhibit D — Plat Map (recorded simultaneously with this Agreement), and WHEREAS, Property Owner acknowledges no building permits will be issued for any lot described in PUDF22-0003 until said improvements have been completed and accepted by County, and WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code Sec. 27-8-60, if no construction has begun or no use established within three (3) years of the date of the approval of the final plan or plat, the Board of County Commissioners may require the Property Owner to appear before it and present evidence substantiating that the development has not been abandoned, and that the Property Owner has the willingness and ability to continue development, and WHEREAS, the parties agree that the Property Owner shall provide collateral for all on -site and off -site improvements required by this Agreement when the Board of County Commissioners approves this Agreement. 4917142 Pages: 3 of 25 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 I FIIIII 41LIMENhMIlloM hilk cililig th Bill Wesley and Shaun Basiliere — PUDF22-0003 - ONSIA22-0004 Page 1 of 12 NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant, and agree as follows: PART I: SITE SPECIFIC PROVISIONS A. Off -Site Improvements: The Property Owner shall be responsible for the construction of certain off -site safety improvements required by the Board of County Commissioners, 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 ROW connecting to the county road system, and off -site drainage and signage installations, as indicated on the accepted Exhibits. On -Site improvements that create more run- off than the historical amount may require off -site drainage improvements to roads and ROW. Additional Off -Site Improvements to be constructed prior to operation are: 1) Design and construct an approved, upgraded access road intersection with Weld County Road 74. Providing all construction materials and meeting the Weld County Code specifications and CDOT specifications for Road and Bridge Construction, beginning with a county approved tie-in at the approved site access and Weld Count Road 33. 1.0 Road Improvements Responsibilities. Property Owner is solely responsible for all the off -site designated improvements. These responsibilities may include but are not limited to the following: design, surveys, utility locates/relocates, acquisition of ROW, if necessary, dedication of ROW, if necessary, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation facilities, and utilities, traffic control, and project safety during construction. Property Owner shall obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, state, or county regulatory agencies. 2.0 Cost of Construction Exhibit. The cost of construction estimates (engineer's estimate) as identified in Exhibit A-1 detail the costs used in determining the collateral requirement for the off -site improvements related to the development. A registered Colorado Engineer must sign and stamp the construction cost exhibit on Exhibit A-1. If more than three (3) years have passed since the last construction cost estimate was provided, the Property Owner shall provide an updated construction cost estimate prior to the start of construction. 3.0 Construction Schedule Exhibit. Exhibit B-1 is provided by the Property Owner indicating the construction schedule for all off -site improvements, including an anticipated completion date. Property Owner shall not commence construction of any improvements, record plat, or receive any permitting prior to approval of the of this Agreement, the attached Exhibit C. receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit, if applicable. Property Owner shall substantially complete all improvements in accordance with Exhibit B-1 in order to request the warranty period begin. In the event that the construction schedule is not current, the Property Owner shall submit a revised construction schedule. 4.0 Off -Site Improvements Collateral. As required, collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. Additional information about collateral is outlined in Part lI.B of this Agreement. 5.0 As -Built Plans. "Asbuilt" plans shall be submitted at the time the letter requesting release of collateral is submitted or once the Property Owner has completed improvements as described in Part II.B, Wesley and Shaun Basiliere — PUDF22-0003 - ONSIA22-0004 Page 2 of 12 Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. B. On -Site Improvements: Property Owner shall be responsible for the construction of all On -Site Improvements as shown on the accepted Exhibits of PUDF22-0003. Improvements located on the Property shall be considered "On -Site Improvements." Additional On -Site Improvements to be constructed prior to operation are: 1) Design and construct an approved paved internal roadway. Providing all construction materials that meet the Weld County Code specifications and CDOT specifications for Road and Bridge Construction. 1.0 On -Site Improvements Responsibilities. Property Owner is solely responsible for all designated improvements. These responsibilities include but are not limited to the following, as applicable: design, surveys, utility locates/relocates, dedication of ROW, if necessary, ROW acquisition, if necessary, 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 at its own expense, plant, install and/or maintain all grass and other landscaping and re -seeding where applicable as shown on the accepted Exhibits. Additionally, the Property Owner shall install and/or maintain fencing to screen the property where applicable as indicated on the accepted Exhibits. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (OSHA), Colorado Department of Transportation (COOT), Colorado Department of Public Health and Environment (CDPHE), and other Federal, State, or County regulatory agencies. 2.0 On -Site Grading, Drainage Facilities and Paving. Property Owner shall, at its sole expense, grade and/or pave, if applicable, specified roadways, accesses, easements, and parking areas, and install accepted drainage and signage components, adjacent to or within the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning Services, as further described in the accepted Exhibits. Any other on -site improvements shall be completed as indicated on the accepted Construction Plans for this facility. Property Owner shall be responsible for all maintenance of the on -site improvements. Some of these improvements may include work extending into State or County ROW in which case a ROW or access permit is required. 3.0 Cost of Construction Exhibit. If applicable, A registered Colorado Engineer or equivalent must sign and stamp the construction cost estimate on Exhibit A-2. If more than three (3) years have passed since the last construction cost estimate was provided, the Property Owner shall provide an updated construction cost estimate prior to the start of construction. 4.0 Construction Schedule Exhibit. Exhibit B-2, provided by the property owner indicates the construction schedule for all on -site improvements, including an anticipated completion date. Property Owner shall not commence construction of improvements prior to approval of this Agreement, including the attached Exhibits, and receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit, if applicable. Property Owner shall substantially complete all improvements in accordance with Exhibit B2 in order to request the warranty period begin. In the event that the construction schedule is not current, the Property Owner shall submit a revised construction schedule. 5.0 On -Site Improvements Collateral. Collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. In order to receive partial or full release of collateral, Wesley and Shaun Basiliere — PUDF22-0003 - ONSIA22-0004 Page 3 of 12 Property Owner must contact either the Planning Department who conducts inspections for all on -site improvements, and/or the Public Works Department who conducts inspections for all off -site improvements. If all improvements are determined to be in accordance with this approved agreement, the Property Owner may submit either new or revised collateral documentation to the Public Works Department. Then Public Works submits the documentation to the Clerk to the Board's office, for the request to be placed on the BOCC agenda. Additional information about collateral is outlined in Part II.B of this Agreement. 6.0 As -Built Plans. "Asbuilt" plans shall be submitted once the Property Owner has completed improvements as described in Part ILB, Subsection 3.2.3, of this Agreement. Property Owner shall provide an electronic copy of the as -built drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. 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, identified on the accepted Construction Plans according to the construction schedule set forth in the construction schedule exhibits. The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado and shall conform to the standards and criteria established by the County for public improvements. The required engineering services shall consist of, but not be limited to surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 2.0 RightsofWay and Easements. Before commencing the construction of any off -site improvements herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, good and sufficient ROW and easements made necessary for the improvements. The County will not exercise eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads to be accepted by the County shall be conveyed to the County on County -approved forms and the documents of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC and recording. 3.0 Construction. Property Owner shall furnish and install, at its own expense, the improvements (and any drainage -related structures required by any MS4 permit) identified on the accepted Exhibits and shall be solely responsible for the costs listed on the cost of construction exhibits, with the improvements being completed also in accordance with the schedule set forth in the construction schedule exhibits. The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in construction schedule exhibits stated herein upon application by the Property Owner. Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third -party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. At all times during said construction, the County shall have the right to test and inspect material and work, or to require testing and inspection of material and work at Property Owner's expense. Any material or work not conforming to the approved Wesley and Shaun Basiliere — PUDF22-0003 - ONSIA22-0004 Page 4 of 12 plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed, or replaced to the satisfaction of the County at the expense of Property Owner. 5.0 Construction Standards. Design and construction of all off -site improvements shall conform to the current version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld County Engineering and Construction Criteria. 6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of issuance of any ROW or Access Permit, the Property Owner shall submit a traffic control plan for County review. During construction, appropriate safety signage shall be posted in accordance with the then - current version of the Manual of Uniform Traffic Control Devices. B. Collateral: 1.0 General Requirements for Collateral. Property Owner shall provide to County collateral to guarantee all of Property Owner's obligations under this Agreement: (1) Project Collateral is required for completion of certain on -site and all off -site improvements as applicable, as described in this Agreement; (2) Warranty Collateral is required for all off -site improvements during the two-year warranty period; and (3) Road Maintenance Collateral is required to be kept in place for the life of the permit/project. Collateral acceptance and release is governed by the Weld County Code. 1.1 Project Collateral shall be submitted to guarantee completion of certain on -site and all required off -site improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the value of the improvements, as calculated in the cost of construction exhibits. Project Collateral must be submitted at the time of execution of the Agreement, unless otherwise directed by the Board of County Commissioners. In the event that Property Owner fails to adequately complete the required improvements, County may, in its sole discretion, access Project Collateral for the purpose of completing such improvements. It may be necessary to provide additional collateral in the event the cost estimate is older than three (3) years. NO WORK SHALL COMMENCE UNTIL PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY. 1.2 Warranty Collateral shall be submitted and held by the County until release after the two- year warranty period following the County's initial approval of the improvements. Warranty Collateral shall be in an amount equal to 15% of Project Collateral. In the event that Property Owner fails to adequately complete or repair improvements during the warranty period, County may, in its sole discretion, access Warranty Collateral for the purpose of completing such improvements. 2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash deposit, subject to the requirements and restrictions of section 2-3-30 of the Weld County Code, as that section may be amended from time to time. 3.0 Release of Collateral. Collateral shall be released in accordance with section 2-3-30 of the Weld County Code. For collateral release, the Planning Department conducts inspections for on -site improvements, and the Department of Public Works conducts inspections for off -site improvements. 3.1 Timing of Release. Project Collateral may be released upon completion of all improvements required by the Exhibits after initial approval by the County. Warranty Collateral shall be withheld by County from and at the time of release of Project Collateral or may be Wesley and Shaun Basiliere — PUDF22-0003 — ONSIA22-0004 Page 5 of 12 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. Road Maintenance Collateral may be withheld from and at the time of release of Warranty Collateral or maybe submitted separately by Property Owner. 3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the entire project or for a portion of the project, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 3.2.1 The Property Owner's Engineer or his representative has made regular onsite 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 "Asbuilt" 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 "asbuilt" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from the County Engineer. 3.2.4 The Statements of Substantial Compliance must be accompanied, as applicable, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district, or town for any utilities. 3.2.5 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and, if required by the County, state the results of fire flow tests. 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. C. Acceptance of Improvements: 1.0 Acceptance of On -Site Improvements: Upon completion of construction of all required on -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Planning a Statement of Substantial Compliance and shall request inspection of the On - Site Improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans, the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall approve the improvements and request the Wesley and Shaun Basiliere — PUDF22-0003 - ONSIA22-0004 Page 6 of 12 Board of County Commissioners authorize release of collateral for On -Site Improvements. 2.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property Owner shall contact the Weld County Departments of Planning Services and Public Works and request an inspection of such improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance process. 3.0 Inspection, Approval, and Acceptance Process: 3.1 Upon completion of construction of all off -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Public Works a Statement of Substantial Compliance by Property Owner's Engineer along with "as - built" drawings as required in B.3.2.3, above, and shall request County inspection of the Off -Site Improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans, the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall initially approve the Off -Site Improvements. 3.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period. Upon completion of the two-year warranty period, County Public Works personnel shall, upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. County personnel shall re -inspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County personnel 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. 3.3 Placement of Improvements into Service Prior to County Approval. If requested by the Property Owner and agreed by the County, portions of the improvements may be placed in service when completed according to the schedule shown on the construction schedule exhibit, but such use and operation shall not alone constitute an approval or acceptance of said portions of - p the improvements. County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule 7!".11 shown on the construction schedule exhibit and may continue to issue building permits so long as � S oN the progress of work on the improvements is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Property Owner. 211'a3 3.4 The Board of County Commissioners does not accept any On -Site Improvements for "'5311 maintenance purposes. On -Site Improvements may only be accepted as dedicated for public use. ;„11 Maintenance of on -site improvements is the responsibility of the Property Owner or its successor, including the Homeowners' Association. The Board of County Commissioners does not represent ° n o or ensure the on -site improvements will be constructed and/or available for their intended use(s). mod, The County does not and shall not assume liability for improvements designed and/or constructed uu by others. _ yam D. Permits: The Property Owner is required to apply for and receive all permits required by the County or any other applicable local, State, or federal permit, including but not limited to: fK 1.0 Access Permits. Property Owner shall not use any access onto any County Road unless and until Wesley and Shaun Basiliere — PUDF22-0003 - ONSIA22-0004 Page 7 of 12 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. E. Enforcement and Remedies: 1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the violation is continuing, County may consider Property Owner to be in breach of this Agreement. 2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any or all of the following remedies, or any other remedy available in law or equity. 2.1 Access and Use of Collateral. County may access and use collateral to address the issues specific to the violation. For example, the County may access and use Project Collateral in order to complete improvements as required by the Construction Plans, when such improvements have not been completed in accordance with the Construction Schedule. 2.2. Withholding Permits. County may "lock" any or all lots within the Property, which precludes the continued issuance of building permits, zoning permits, septic permits, or any other permit issued by any department of the County. 2.3 Court Action. County may seek relief in law or equity by filing an action in the Weld District Court or Federal District Court for the District of Colorado, except that no such civil action or order shall be necessary to access collateral for the purpose of completing improvements as described above. 3.0 events: Termination of Agreement. This Agreement shall terminate upon the earliest of the following 3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of the underlying land use approval under Weld County Code. However, County 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 Execution of Replacement Agreement. This Agreement shall terminate following County's execution of a new Improvements Agreement regarding the subject matter of this Agreement Wesley and Shaun Basiliere — PUDF22-0003 - ONSIA22-0004 Page 8 of 12 related to the Property, provided that the new Improvements Agreement expressly supersedes this Agreement. 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 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 §§24-10-101 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 in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement, including subsequent lot purchasers. 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 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. 6.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 7.0 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. 8.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and Wesley and Shaun Basiliere — PUDF22-0003 - ONSIA22-0004 Page 9 of 12 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. 9.0 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. 10.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 11.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement, understands it, and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relatlig to the subject matter of this Agreement. 12.0 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. 4917142 Pages: 12 of 25 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lIII rift? wlliffilif uF.ti moon IMn Wesley and Sham Basiliere — PUDF22-0003 - ONSIA22-0004 Page 10 of 12 R oad, VOL, 4r\Q . Agi-aelyuart PROPERT OWNER: W sle asiliere By: Date Name: 5 stre____-- Title: STATE OF COLORADO County of Weld SS. JEFFREY DONALD COOK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20024035079 MY COMMISSION EXPIRES FEBRUARY 16, 2027 The foregoing instrument was acknowledged before me this May ofc: ">' , 2O23, by 4.4,4y 5,fj'!/G,L- WITNESS my hand and official seal. PROPERTY�IWNER: Shaun Basiliere (- 1`7//l a!W By: Name: 5 Title: STATE OF COLORADO County of Weld Date —q/N ` SS. JEFFREY DONALD COOK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20024035079 MY COMMISSION EXPIRES FEBRUARY 16, 2027 The foregoing instrument was acknowledged before me thisLL da' y of 47, 2021, by 1-6 4,4,7 �a5, /i; e. — WITNESS my hand and official seal. Not ub� WELD COUNTY: ((�� ATTEST: � ) G 'Ok BOARD OF COUNTY COMMISSIONERS Weld C su Clerk to the : o, rd �,Ar'�+S, WELD COUNTY, COLORADO BY: Deputy Cler ike Freeman, Chair AUG 0 2 2023 Wes F22-0003 — ONSIA22-0004 1 of 12 oZoa-3- 02,29� PAGE LEFT INTENTIONALLY BLANK 4917142 Pages: 14 of 25 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO MrjI'ta wi III CINI ItNaIill'ilfik II II Wesley and Shaun Basiliere — PUDF22-0003 - ONSIA22-0004 Page 12 of 12 ENGINEER'S ESTIMATE 13813 WELD COUNTY ROAD 74 EXHIBIT a A r 1 9u1;022_ -coo 3 ITEM UNITS TOTAL AVG. COST CON. COST 100 Mobilization LS 1 $ 25,000.00 $ 25,000.00 105 Construction Staking LS 1 $ 4,550.00 $ 4,550.00 602 SY 1096 $ 15.15 $ 16,604.40 Place Plant Mix Pavement (Match EX.) 603 Placement of Fill CY 840 $ 15.50 $ 13,020.00 618 Place Base & Subbase (Match EX.) CY 1096 $ 15.15 $ 16,604.40 700 Landscape Removal & Restoration _SY 1651 $ 0.50 $ 817.90 TOTAL $ 76,596.70 4917142 Pages: 15 of 25 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III1101.11NI%likfil*PlikiljalliMOIMILik Jazmyn Trujillo Martinez From: Sent: To: Subject: Jay Basiliere <wjaybas@gmail.com> Monday, July 17, 2023 8:35 AM Jazmyn TrLjillo Martinez Re: PUDF22-0003 Construction Schedule EXHIBIT ae Pin F22_-c--co3 Caution: This email originated from outside of Weld County Government. Do not c ick links or open attachments unless you recognize the k sender and know the content is safe. Late summer, early fall 2023 Thank you Have a nice day Jay Basiliere On Mon, Jul 17, 2023 at 8:20 AM Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov>wrote: Jay, Thank you for dropping off the collateral and the signed agreement. I will begin processing everything to get it before the BOCC for acceptance. One last question, what does the construction schedule look like for PUDF22-0003? I will use your response as Exhibit B-1. Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1402 North 17th Avenue P.O. Box 758 Greeley, CO 80631 (970) 400-3711 4917142 Pages: 16 of 25 08/24/2023 12:22 ,M R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III PirJR7INIAlidigliiii.111iMitirli1.13/411 111111 EXHIBIT A - Cost Sheet (ON -SITE) Name of Facility: P v D F 22es 0003 Filing/Case #: Location: EXHIBIT s ge-i !2PFZ7-0003 Personnel Contact: Name tiJt5)t'f 754.1 6&ii heft Title: OGIln C: Phone: ScZ355 51S0 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. Improvements (Leave spaces blank where they do not apply) AAA AIL as a a a • a _. a L . a . 1 s' a/ a' a� I' �. ,� .' 11?') ' Quantity Units Unit Costs (S) Estimated Construction Cost (5) 4,PUBLIC WORKS,4, Survey, Street Monuments/Boxes a Street Grading Street Base Street Paving Pavement Marking Entrance/Access Improvements Road Culvert Dust Control (per Sec. E.-7.5.2) Road Maint. Collateral (per Sec. E.-7.5) 4,PLANNING SERVICESI Sidewalks Curbs, Gutters, and Culverts Fire Hydrants Site Grading Retention / Detention Ponds Stormwater/Drainage Facilities \ \ Erosion Control Measures/BMP's Grass Lined Swale Subsurface Drainage Ditch Improvements Parking Mailboxes Area, Curb Stops, Bus Kiosks, Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements Handicap Accessibility, Parking & Rails 1 Health Department, Septic Systems $UB-TOTAL: (Testing, inspection, as -built plans and work in addition to preliminary and Engineering and Supervision Costs ($) final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS, ENGINEERING AND SUPERVISION ($) 4917142 Pages: 17 of 25 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III PrOARNIAMiktliehilkIWINAIIINiiik Ill III EXHIBIT EXHIBIT B - Time Schedule (ON -SITE) Name of Subdivision, PU D, USR, RE, SPR: P 0 0 F 2.2..' a 0o3 Filing/Case #: Intending to be legally found, the undersigned Applicant hereby agrees to provide throughout this facility the foil All improvements shall be completed within 3 years from the date of approval of the final plat. Construction of the improvements listed in Exhibit A-2 shall be completed as follows: Improvements blank do Time Schedule (Leave spaces where they not apply) (ON -SITE 1 £PUBLIC WORKS£ Survey, Street Monuments/Boxes Street Grading Street Base Street Paving Pavement Marking Entrance/Access Improvements Road Culvert (OFF Sidewalks, -SITE) Curbs, Gutters, and Culverts Dust Control (per Sec. E.-7.5.2) Road Maint. Collateral (per Sec. E.-7.5) £PLANNING SERVICES£ Sidewalks, Curbs, Gutters, and Culverts (ON -SITE) Fire Hydrants Site Grading Retention / Detention Ponds Stormwater/Drainage Facilities Erosion Control Measures/BMP's Grass Lined Swale Subsurface Drainage Ditch Improvements Parking Mailboxes Area, Curb Stops, Bus Kiosks, Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements . Handicap Accessibility, Parking & Rails £Health Department£ Septic Systems Final Completion Date for Entire Project 4917142 Pages: 18 of 25 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Ii MAO P I III i SITE PLANS FOR 138 13 WELD COUNTY ROAD 74 LOCATED IN BASILIERE FARM PUDF22-0003, SECTION 32 , TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6th P.M. WELD COUNTY, STATE OF COLORADO VICINITY MAP SCUJ I" 1000' 1'A. V EMEN ► RECOMMENDATIONS PAVEVCN- TO MATCH EXISTING PAVEMENT DEPTH OF COUNTY ROAD 74 PER WEL? COUNTY ENG NEERIN ; C0NS'RJCP0N :RI -ER A SECTION 8.8.2 DEVELOPMENT STANDARDS THE PROPERTY OWNER OR OPERATOR STILL !E RESPDNSBti fp1 CONTRO.LNO NOXWUS cs of. t.lt Sn. Pu•su Nt to outa-Eq T5. mitut I AND I. or TIH re a cower CODE 7 HI ACCESS ON IM SIGs SNMT NF VAT. Asa O TO M.irAII Mir IAJACIS 'O Ott PUBLIC ROAD INC.UONG DAMAGES AAD/OR Off —S TRACKING. 3 ANY *ORK THAT MAY OCCJPY MCI OR CNCROAC' UPOA ANY COU%'Y RCHTS Oi WAY OR ;At/MINTS SHA'..I ACQUIRE AN APPROVE, 40.1 Or WAY uSF PERMIT PR OR TO COMMCNCCMCh' A '1K IISTORICAL "_OW PA —ERNS AM7 %$IDIT AMOUNTS ON THE 9TE Wu. BE WAR. AMP 5 IK.D COUNT! IS NOT RES°ONSELI OR TH. MAN't rAACE 0` ONS 'E DRAA.AGL NUA'CD 1EATJRES B 5.0 COUNTY IS NOT RESPONSIVE FOR THE MAN'TMANCE ONS'f cufDiViS10h ROADS PROJECT CONTROL BASIS OF SEARING VErICAL DATUM: 'HE SOJIH LIVt OF Ht LAST HALF OF SLCIION 37, 'OWNSHIP 7 NORTH, RANGF 66 WFST OF THE 61-E P.M., COUNTY OF WELD. STATE OF COLORADO. IS ASSUMED TO BEAR Soul - 88'49'2A' WE.SI, AND IS MONUMEN'E3 AS NDICA T= J. PROAiCI CO0RJINA!LS DAIUM VERTICAL BENCHMARK USED S EMIR MARKLR OF SC ION 32. NORTHING 5000.00 TASTING: 5000.00 r - 4859.77 VLRIICAL BENCHMARK JStD 'S E/181H MARKER OF SECT,ON 37. Ft •4859.77 CONTACT INFORMATION PROJECT TEAM OWNER tVFNI.EY 1 UASILIERF SHAUN A BASILIERE 13111 WELD ('DLINTY ROAD 74 EATON LYr 4061% CIVIL ENGINEER / SURVEYOR COFFEY ENGINEERING A SUR%EYING, LW IERRUO M RALPH, P E DA%E COMM, IT EEL S VC2 SOUTH IRO STREET LAR U tIE. W YUAtINO t'.OJD (3071743-7413 LEGEND PE:PERT., BOUNDARY EX6'NG SWALE PROPOSED SWALE PROPOSED STORM SERER UNE (12' A UNDER) PROPOSED STORM SEWER LINE (IS' I ABOVE) FXKatc STORM WEB OW LAVING MACE EIOs'.RG MAAR CONTOUR EtVNO MNDR CONTOUR LXIS NO S..OPL -MILL ... _ PROPOSED CURB A GUTTER '.� PROPOSED ASPHALT PROJECT CONSTRUCTION THIS PROJECT S-IA_L BE CONSTRUCTED PER APPENDIX 8-0 (WELD COUNTY ENGINEERING AND CONSTRUCTION CRITFR.A MANUAI, JANUARY 7071) OF THE WELD COUNTY CODE Know what's below. Call before you dig. Shut List Table vin! %ru, Yr." r AW.. '.0' ' 7 .•I n,, uAI r S'+RT .,F. r 1 :., A S agOr.1I 7R 5 .. StC'IIY+S 7., A r.. rT ,;, a; AN 7 ."�i S PRELIMINARY NOT FOR CONSTRUCTION CS/2B/23 CONSTRUCTION MUST BE IN ACCORDANCE WITH APPLICABLE NWCWD DESIGN CRITERIA AND STANDARDS AND THE CONSTRUCTION PLANS APPROVED BY NWCWD. NWCWOS ACCEPTANCE OF CONSTRUCTION PLANS SHALL BE VALID FOR A PERIOD OF ONE YEAR FOLLOWING THE DATE OF ITS APPROVAL BELOW. NWCWO'S ACCEPTANCE SHALL NOT RELIEVE OWNER OR ITS ENGINEER FROM LIABILITY FOR ERRORS, OMISSIONS. OR DESIGN DEFICIENCIES AND OWNER AND ITS ENGINEERS SHALL HOLD NWCWD HARMLESS FROM SUCH UABIUTY. ACCEPTED BY (DISTRICT ENGINEER) (DATE) De C I IECKED BY: H cerd Vet pa ilEIP4a, LimmAt- 0 a`' W opt (11 410 Dw ; \.NIL CV -1 SIIEEINU I OF 4917142 Pages : 19 of 25 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III klUM I'kX'I I&k11111 E�IEEN"m`E E PLA ALL WORK SHALL BE z mE pEVELOPER/r GENERAL NOTES °CENNCi ]. THE cE °RTfiH sirs M :caET IIONE5HOWu ON 1NE"PLPNss ANo ATWANYM�r"ILIrY cg455lxGs PRIOR NDARDs 1HE MOST REsi IcilvE siANDA uENTS IF pNDO/OR A I N uODIFlcgTION Is RE UIre�D�iH o cOUNTv, F RD SHALL APPLY. HALL cO HT THE fNCINEERVTp MODIFY THE DESIGN, DESIGN MD FICAIION(s) Musi BF APPROVED Br pOvurT PRIORSIC "EEuil,T O',FEe`NoilFloniorMi snnu ee"n TUIIwIMuu of z°Rwors°wNDespn s�PwoRsm Do",ew,exoEMExr DF rHE DIscPETON DF THE WATER HTLITY PRWIDER, p. PRE-CDNSTRuc11aN MEETING MAV RE REOUIREO PRIOR r0 HE GO N THESE PIAANxs, �W HMS, pu0 pE 13W CH"Mn° LI HE RDAORE EisIVa [ �i"D°Ain[I PnoaEFT"`F LI [sfnxo �nFxEpv5oRAs 50°REDUCE "FNiscor [ixlsrixi a lun[sLloursiui"coussauc�oN �io THp o "VA"ii°IEn nON o< APPvoPRIAif upnllrv"cOMPAUYEroR "ANYL UiILIiYPLaD55wLs RE011"IREpTIEs OVRING caNsmucTlDN AND FOq COORDINATING. WITH THE vnNG5PE, sHAiLLa[ATH�"FESPO"usIeBE1FiT oFAiHEKOEVELOPEREFTOR�ER�Yu1Hl [iIEMIsiFEu[EPPxOxILOC�iIONEOf ALL"�NDERGREWND uNNNDWN"UN�EROPOUNDUURLIRE6HE WORK BEFORE COMMENEING NfW CONsrRUGTION. 1HE DEVELOPER SHALL BE RESPDxsISLE FOR ER EEO ALA HHES, EACH OE .E COL LOA.. ION like L, TRA°P[RCETI,POLanluo Oril. REfERGio aHnT auetocanONFzazS, EKcpvpnNG ANo m N ExcAVAYIDN, mFNcwNc, FIcArIpxs. rHE DfveiDAPen EsNn°i coxincii1°ie nesIcNEe°a°INoiflxc s�c�oicpuHYYq oE�E"°DP�MExr Rsv¢w wsPEcrDR mMiolni s Ec OEvELOPER SHALE EA (wEL z DEPARrgENT"DFl`p ueLltO WDpKEs^, FOfl AA [sPoxs BL[ POR PROAv"ioING'"smut oDpLLlAm A MA BE FREOUIRED Bruin CDNsiRV[TIOu crlVlr Auv Au lHE DE fWRNcs `Vogl o[sHicu L" MRav o[oLS usi El.ogvD FDR Nsi u[�iEo TuoN DF IIuoT[DVDT RWSE, x Ox THESE ORA. ATCD Ta FE P I I A R c0 F LEss SPECIFIULLv 1s. THE DEVELOPER SHALL BE RESPDN$IBLE FOR INAIRIND THAT ND NUD oR DEBRIS 5HPLt BE mnCKED ONi[ s1REET SY;1flM, Mop ANp RCdAIi MIlF1 ®6 RFMOV[P WITHIN PR HpIIAG PY AN APPRgPflIPT€ MRFHANISAL Mf- agaDM E , IOHI ou1Y FROM -END LOApEF, Ei[.) DR AS APPROVED BY lHE WELD cOUNTv DEVELOPMENT [aNixAcioF(sjslsHA 5MBMIi RECORD ORAwINcs r0 THE wEln Ecol°INTv o[KLLnuf[NTuv[vRW usL�EcioR.F HE WORK. THE THE sH qci°HELP[°UE ERDfox°NCL RIFIGPnONR qND gNNOTATECrHEUO1M�N5lONYDN�iME"As-eUIL1i RECURU ORAWIN s�RE Npi (c0 ORgpO D S ENT o iPue C NEgLTH"k ENVINDxMEN -59s-� E STORM WATER MgNpcEMENi PLAN. i�(TDB spD7.Pm - - 1"LR GFd,"N��L�IsiuFelNa EAinvFiv�nLL EFosION lioumoL"uEasua[swsxnLL UNTIL SULN THE AS 1HE ENURE OISNRLEO aREA5 IS slgeRIZEO WITH HARP OR GA sHWEH NO ENEE INSTALLATION of vRLITIE5 w SUCH A MANNER As is MINIMISE PDTENrIAL uTluir cOxal[m. uHunss smRM sE SANITARY 5EwER sxoULv RE PANsiqucTED PRIOR i0 wsrpugnpN of TnE wgrER LINES axD Dpr NO D 0 UNDAVS`U4 HOLIDAYs.f UNLESSsiHERE 55 PRIORflwftInEN"APPRovPL BT WENCCoVTuiY,AN° a�P9�A;N�",�EH"Exs EDE�,s Rc � �'erw �$d�. aR"ro aHE`� �oEs �H$ �E�olno" ;°R RE ".&FD'°a.`°�2�ETAL°NR5ErrER sE. E%I yilpO FENA E[o aFEErssF STREE15uEsl oWALks, c RSs ANc GUT1ERo. ELnNDNALLI PE REFucnRE5, nND IMPRDVENENTs iNE DEVELOPERS ExPEN5E. UNLESS OTHERWISE"INDFiGTFO ONE iHE5EPPLANs s pLALED OR RESTORED IN LINE KIND Al 25. OVEFLOi GRA TED WITH LONSYRU[RDN ACRVITTF�H� p cT cOLcrsAOD`DFPARTMfxT DF°PuecEHEn� H WTfuvIRONMENT. uoa"-ss�f-� oo� GIA srgicsL inrenes"aTaFwnr�a is oasich�ncfoAHli*oA%sia°R=N`"seWEn,PcnnNxF'. iRRlcnilaxF DiicH oe xc IswR icRls ofl"THEFuwTEo uR l nxr A PL Ns SHALL RE cvpRPNTEm TD RE ERE° fFOM MATERIAL qND wORKMPu5HIP DEFECTS FOR AMMIxIL"Nu, PERIOD OFriWD�vEARSEFROM lnE DALE OF AccEPTANiE. P 5 FFiEa"LH °E °l REO lu aEfp '1 REWEW ANo nPPROVAL PRDc ss Sin cpuxn ID D p MENCE Exi DF AxvfworeliFsnawN°IUTEHesE Puxs.. coMPAciION5HTssis"A°aEsrnePENunEilo ncccvifo epY°wE n"�D'uuiv"E"r °°' Is AccEPlfD pY wELo ccuuty "....°° PI. THE DEVELOPER snpu RE REsppxslRLE FDR OE NO SOILS TEsrs wlmw rHE PUBLIC PIG nT-Of-war AnER RmH cpuHivfnccearsA nEAr"IHnisREaain'TPLACEME "�aw`nsc sipeiIsI"TED°luli"HEiwIwAsF�l�°uenvu aRE�DM'i�sAAilw�i aLLscuiailo"s iN �p°RLc°E°ai iHEwiHMEr oEF EINAL P°ATTApPRovAL RI DTHERw15E NOiEO. g0;o0,,4,1,:;;;,;;;;;; 1,:;; ODT RE REswpN5lefl£ fOR RIDE MAINTENANCE of ROADWAY AND APPursiENANI IMPROVE 350 APPRDVEDOVARIANCEs PRE LIs1EOPas FOLLOWS: NO VAgIANCEs REQUIRED. NCLUOIHO STANDARD GRADING, EROSION AND SEDIMENT CONTROL CONSTRUCTION PLAN NOTES c T sw INSPEciOF Mus} eE NOTIFIED qT LRAsr TWeNTv-FOUR (S+1 HWRs PRIOR ry axv EARTH OlsruRBlNe 2 rHE E snAu OE ND EARTH-DIsnRRINc ACRVIiY OuislDE THE LIMIm nESIGNATEO ON mE ACCEPTED PLANS. psio Er ojpu5TRVcnOH FE NA ED PBIOfl rD AN sTA4ERDucnON PTM ANo Eir caNYRDL REPORT I N sfcufucEFnS INmcA EHF N THE pPPRDVED PFDJEcr sit'::1E. cDN LANs, snuL ALSO RE RESPDxsIFLE FDR wsYpLLING ANo MAR+TpwINc uL ERDslpx coN1R.DL fAcwnzs sn°wu HERixTHE: oEvci�ER LE El iiuLTo THE AaEnIs1 nEouiaeo Tow IMMEDuiE eoxsaucii�MoacapnorissTne"i��ioR �E (sTRIPPmc, cR cs10 oL (Ec. SEED/MVLCX, LnxpscAPwc, fit.) Is NSTALLED, ,Ess omfRwsE , ]. IN oRDEPNT➢ MINIMRE ERasIDN POIFNlIA4 ALE TfMPORAPY (s1RVc1uPAL) EROSION GON. RE IN5PEL,ED AT A NINIMDM. D LL iHE� a�oIWSoC�' o s° PE"`DaRE�s`�pEIE5C` SEEN sVfFlc ENILY srASIUSED As DETERMINED R MoV Li0f q�L"sE01MENl1°AND DfBRls FROM ALL ORplupcE wFRpsrquc ND 0 ER PVB�[�pCILIlElE5�F sETHEACD r DEPDSTED MAYERUL IMME uTETr AND HAKE suRE smEETs nRE TREE DE Au MAsreiAris eviHi iH RKwc DAr. MANNER pNOIHocATDN sD As u0i iD c usE THEIR RELEnsE INio°AN"v wgtERs OF n,H[LHNHTEo sMAI"fFs Ax DISPOsfD Of IN A sRlr BV SURFILL,GE RO GIIF G, rE" ERIN FANFDI PERIMEiTER MLT EfN01NG°"ANYss01l"STOCNPIIf FEMUNINc°FFIEFI iHlRiv (5D) DgYs SHALL OE SEEDED AxD MULCHED. COMPLETION OFWTHEFPROJELi AND F[FOREf ToRNING 1HE " rENANLE DvfRDTF0 4 c11Y pR HOMEOWNESs ,t0cN110N 2,,r°" M&S STANDARDS D STANDARpS FREM TnE ]D,R COLORADO MWS STANDARD PEEPS APO, TO ;HIS OPEC. 10 RARr DR PERMAxsNT) Know whBl's below. CB�� before you dig. W U Z O i y + a a 6 p g U 6 uNc NAME GN-1 i1/- �_rl�Aw uuc uuoW unc4 • �(A[e No. �A5a991 ¢R/oe/x X221. �.� 4JELU COl1NiY ROAG 74 (60 — 'aE a .c mx RIGHT-OF-WAY R2 Nb. 36Q39 811 Knowwneeb below. 0211 hefare you dig. LEGEND: NE (15' a ABovE) PRELIMINARY NOT FOR CONSTRUCTION O6/Z6/2} 4917142 Pages: 21 of 25 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO �lll �.�!'rl'�wtil�Il �GMl�1 Y� �K kRI� LIINLViiiI III II 811 K"Iwalie6 below. O811 6ekre you dig. LEGEND: nr . �.oEw, ur .6orE� SUMMARYcOF APPROXIMATE QUANTITIES UTIVLST�Y NaOTESTM� o�ECT PRELIMINARY NOT FOR CONSTRUCTION e6/26/23 4917142 Pages: 22 of 25 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO �a�rlN yak NeililarCla1i III or`zo�R V �V 4. 7 I�c'�o. `�;siscomoz'ioonoa,i rl \ noPosE .7W, w,cN u crvn,c _ �1 EN � } li.i �veno uunc 00 0 ,+00.0© W 61A [OONry F.N01N66NIN0& CONSYXII THIN LNIi[nln LEGEND: UTILSTYPNOTES : PNNJ-c, PRELIMINARY NOT FOR CONSTRUCTION 06/26/23 a a a hi: l7 OP nw� N RD -2 4917142 Pages: 23 of 25 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO II G'.. pl' oya. su .199.24 279.0 y' .. ... WEIU f,DUNTY ROAD �� (60' 4�GHT-U,-W.�1' REC. ND. 5G03R 03/11 !' R90) EROSION BMP LEGEND 881 K�owwnarb below. Call hefare you dig. PRELIMINARY NOT FOR CONSTRUCTION ]8/26/23 ZL LL V w Rw� 4�EC-I 4917142 Pages: 24 of 25 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO •III Man i tuitihilifi.UIIMLC,1611) 11111 I empurary and Permanent Seeding ITS/PS) EC -2 Drtcrip/Mn I waits .tnWn t- he kW In . dnlu: dalrlW Ina rte'nillw haven tk Mats mail l<n..l rtrariel wan .larch) It wet 1.. *Can ass M lira pay anal .Ntmoo If eine.tean4 (data 4 saw atria ~Pe as • ania* .bias al a fta tree aN what. SOW 'USW Wrap* as palal a 4e. said as • 4t MAD alaalaa n • CO ifiyeala wawa 4pprtplriat, t.as .. Dan d ra ware it drabet Mid ell forma San r lid a aim** acrid Irppwi*y )O 61• r MAP t SASS at/i1-gar lire• sass* be glrwnt M 4 +Ilan paved at petit& teas sin M 1.A rein i MnS.pr. VI. a wet.•• Sea tai w amps lit he posed ea* Ine•s I .slay at aka( ..• prise afla►w oasis ..rd Paaar. .air edit aIlw 1 tlis.4 rr ear tow sae war Manus us Inks as II1444400 ItT J Ii••.rw —. ills IS wa rams r Japren. Yd pp4r- . 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Vs w- Sleda r wail-Wfb ass Cu sway it \rat .a0 saw m cane. awe Self tea' p fa •r n /' Manse ally a. ,Matt MO C Y CIWkM S Its a flat s 70am latrial w as -s am law a, •.'w la C a tWaal •= es err fat M COO IICS`at' l ROCK SQCK PERIMETER CGNIR(I, a}: ISfeet Pe aap as Huai 1..was Dian VM.eair 24111 labia ion (Abel! •. rear Cartel Vane t 1 bee (Dramas• al PkglL•-M (WSlea hat :01! s We. sada Dora. Cosa Slaall %Awns 1 Know what s below. Call before you dig, temporary and Permanent Seeding (TS/PS) f:C-2 1.1.0 1♦ P\I Sla,...r Dial %oda% Na,.. la, rn.n.,el I ,assn nein COMM 4J. VI ..•j *so Wm.. Nam '•sew Ina �..M 1'••M•M Mr Plain • I a — sob ners* hw.• isd w arse A▪ na was . tai era N..,•..t ar41.r 5 Sew ea, aa� 04 .• kebeg ar\+Mr i ri—MiaaC - . Ima•ara.a►r -rrr.ra �r•rar4l. Wsawart e Se t . ....sal ..s•••••• sisaisasse V•r.a•+•last 1`arls Senly 11.410 Is.Is *•ilia* ►` v'- ••• - f seas nine wear^ _ _ tail I' aria Slat Weil assesses.. an.. a ail *Sag Shoal bp *NM+aka . ens Ma is. 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(aJ CI x i r 2 J a. i SITE PLAN FOR 11813 WELD COUNTY ROAD F IV r-/ 'D r'1 DWG NAME EC -2 Yh'EFT Mi 7 OF 7 4917142 Pages: 25 of 25 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III (riAlirAlKtildiyi, 11111 Contract Form New Contract Request Entity Information Entity Name. BASILIERE, JAY Entity ID. g000 38976 ❑ New Entity? Contract Name. Contract ID ON -SITE IMPROVEMENTS AND ROAD MAINTENANCE 7249 AGREEMENT WESLEY JAY BASILIERE & SHAUN BASILIERE PUDF22-0003 Contract Lead* Contract Status CTB REVIEW JTRUIILLOMARTINEZ Contract Lead Email jtrujil lomartinez9)weldgov.c rim Parent Contract ID Requires Board Approval YES Department Project Contract Description ON -SITE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT WESLEY JAY BASILIERE & SHAUN BASILIERE PUDF22-0003 COLLATERAL IN THE AMOUNT OF 576,596.70 IS REQUIRED AND HAS BEEN PROVIDED IN THE FORM OF A CASHIERS CHECK, CHECK #600250221, ISSUED BY ENT CREDIT Contract Description 2 UNION, P.O. BOX 15819, COLORADO SPRINGS, COLORADO 80935 Contract Type. AGREEMENT Amount. $76,596.70 Renewable NO Automatic Renewal IGA Department PLANNING Department Email CM-Planning@weldgav=.com Department Head Email CM-Planning- DeptHeadweldgov,c©m County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EY9)WELDG OV, COM Requested BOCC Agenda Date. 48;07,,2023 Due Date 08,03 2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note. the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date. 08,07 2024 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approvt Approval Process Department Head TOM PARKO JR. DH Approved Date 07'24,2023 Final Approval B©CC Approved BOCC Signed Date ROCC Agenda Date 08,x07/2023 Originator JTRUJILLOMARTINEZ Committed Delivery Date Expiration Date'' 08x'07;2025 Contact Type Contact Entail Contact Phone 1 Contact Phone 2 Finance Approver CHERYL PATTELLI Purchasing Approved Date Legal Counsel BRUCE BARKER. Finance Approved Date Legal Counsel Approved Date 07,24,2023 07;' 24, 2023 Tyler Ref # AG 080723 Planner: Case Number: Owners: LAND USE APPLICATION SUMMARY SHEET PLANNED UNIT DEVELOPMENT FINAL PLAN Maxwell Nader PUDF22-0003 Wesley J. and Shaun A. Basiliere 13813 County Road 74, Eaton, CO, 80615 Hearing Date: Director Approval Request: A Planned Unit Development (PUD) Final Plan for two (2) residential lots with Estate Zone District Uses and certain A (Agricultural) Zone District uses, specifically allowing for one (1) second single-family home per lot and the number of allowed animal units in the A (Agricultural) Zone District. Legal: Amended Subdivision Exemption AMSE-1030, being part of the E2SE4 of Section 32, T7N, R66W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 74; approximately 650 feet west of County Road 29 Total Acres: +1- 15.23 acres Parcel #: 0707-32-4-00-008 The criteria for review of this Planned Unit Development Final Plan are listed in Chapter 27, Article VII of the Weld County Code, as amended. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Weld County School District RE -2, referral dated July 25, 2022 ➢ West Greeley Conservation District, referral dated July 11, 2022 ➢ Weld County Department of Public Health and Environment, referral dated July 7, 2022 ➢ Weld County Department of Planning Services — Development Review referral dated July 7, 2022 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ Town of Severance, referral dated July 1, 2022 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Eaton Fire Protection District ➢ Weld County Attorney's Office ➢ Weld County Code Compliance ➢ North Weld County Water District PUDF22-0003 — Basiliere Page 1 of 9 CASE SUMMARY: The applicant has requested a two (2) lot Planned Unit Development (PUD) Final Plan with E (Estate) Zone Uses and certain A (Agricultural) Zone District uses, specifically allowing for one (1) second single-family home per lot and four (4) animal units per acre, per the A (Agricultural) bulk requirements. Water Service is provided by North Weld County Water District (NWCWD) and an On -Site Waste System (OWTS) will handle the effluent flows. A second home is currently permitted through, ZPSD13-0001 on proposed Lot 2, if approved this will be an allowed use on both lots in the PUD. The Board of County Commissioners approved the request of the applicant to allow this PUDF to be processed administratively. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the Planned Unit Development Final Plan application requirements per Section 27-7-30 of the Weld County Code. 2. The submitted materials are in compliance with the Planned Unit Development per Section 27-7-40.C of the Weld County Code as follows: A. Section 27-7-40.C.1 states -- That the proposal is consistent with Chapters 19, 22, 23, 24 and 26 of this Code and any intergovernmental agreement in effect influencing the PUD. The proposed PUD is located near nine (9) lots that are all in similar size and use of the proposed PUD. These lots were created through the Recorded Exemption process. These lots are zoned Agricultural. The expected use of the lots created through the PUD will be similar to what is allowed on these adjacent lots. Therefore, the character of the area will not significantly change, nor will it be a negative impact. The site is located in a rural area and is not located within 'A mile of a subdivision or a PUD. The nearest subdivision is Golden Eagle Acres subdivision 4,000 feet to the west (approximately 0.9 miles). As a result, this is not considered an urban scale development and is not required to provided open space. The proposed PUD is located within three (3) miles of the Town of Severance and within the Severance Coordinated Planning Agreement boundary. The Town of Severances referral dated February 22, 2022, stated that they have no concerns or conflicts with the request. Additionally, the Town of Severance Future Land Use Map shows the area as Rural Residential Conservation/Agricultural which is aligned with the proposed PUD uses. B. Section 27-7-40.C.2 states -- That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article II of this Chapter. The proposed PUD conforms with the performance standards as outlined in Chapter 27, Article II, Section 27-2-20 through Section 27-2-220 of the Weld County Code with the following exceptions: Section 27-2-40. Bulk requirements — The applicant has chosen to adhere to the bulk requirements of the E (Estate) Zone District for the two (2) residential lots. Article II Performance Standards — The applicant is requesting to not adhere to the common open space per Section 27-2-60, landscaping standards per Section 27-2-100, and monuments per Section 27-2-130 of the Weld County Code Section 27-2-200. Uses — The applicant is requesting that in addition to the uses allowed by right in the E (Estate) Zone district, that a second single-family dwelling be allowed on each residential lot and that the number of allowed animal units per lot be consistent with the A (Agricultural) Zone District as defined in Section 23-3-70.D of the Weld County Code. C. Section 27-7-40.C.3 states -- That the uses which would be permitted will be compatible with the PUDF22-0003 — Basiliere Page 2 of 9 existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of this Code or master plans of affected municipalities. The proposal is located to create a two (2) lot Planned Unit Development (PUD). The sizes of the two (2) lots are roughly eleven (11) and three (3) acres, which leaves room for an additional dwelling and still keeping with the character of the area. D. Section 27-7-40.C.4 states -- That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article II of this Chapter. Water is and will be provided by the North Weld County Water District (District). Sewer is and will be provided by individual on -site wastewater treatment systems (OWTS). The application has satisfied Chapter 27, Article II, Section 27-2-176 and Section 27-2-210 of the Weld County Code in regard to water and sewer provisions. The application materials indicate that North Weld County Water District will provide water to proposed Lot 1. Proposed Lot 2 is served by District meter # 363. A letter from the District, dated April 5, 2021, was included in the application and states, in part: "1. The District is able to provide water service to the Property, contingent upon all requirements of the District being satisfied. If all District requirements, including all contracts, have not been satisfied and completed with the district within 1 year of the date of this Letter, the District may refuse to supply water to the Property. After 1 year, it should be understood that the district reserves the right to refuse water service, if raw water is unavailable, and/or pipeline or water treatment capacity is not capable of providing water service to the above -described property." The applicant has had further discussion with North Weld County Water District and staff has an email dated May 19, 2022 confirming the applicant has the appropriate water which was accepted by the County Attorneys Office. There are two (2) existing residences located on proposed Lot 2. On -site wastewater treatment systems (OWTS) provide separate sewer service to each residence. SP -9700122 is permitted for two (2) bedrooms and SP -1300048 is permitted for three (3) bedrooms. A new OWTS will provide sewer when the new residence(s) are constructed on proposed Lot 1. E. Section 27-7-40.C.5 states -- That street or highway facilities providing access to the property are adequate in functional classification, width and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. County Road (CR) 74 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right- of-way. The applicant shall delineate on the plat the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. It is noted that CR 74 has an Access Control Plan for the portion of CR 74 between State Highway 257 and CR 39. It was determined that the ACP would allow this access point to remain as long as the traffic remains residential. The original parcel has existing permitted access onto CR 74 (AP13-00064 — Residential). No other access locations are requested. This access shall be upgraded and permitted as a development access for residential use only. F. Section 27-7-40.C.6 states -- In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of PUDF22-0003 — Basiliere Page 3 of 9 Chapters 22, 24 and 26, if applicable. This shall be shown by submitting with the PUD district application a separate proposal for on -site and off -site road improvements. This proposal shall describe, in detail, the type of on -site improvements in compliance with Section 24-9-10 and off - site road improvements in compliance with Section 24-9-20, to determine if the requirement for street or highway facilities providing access to the property has been satisfied. The method of guarantee shall conform with the County's policy regarding collateral for improvements. An improvements agreement has been required and is included as a condition of approval of the PUDF. G. Section 27-7-40.C.7 states -- That there has been compliance with the applicable requirements contained in Chapter 23 regarding overlay districts, commercial mineral deposits and soil conditions on the subject site. The Planned Unit Development Final Plan is not located within a Special Flood Hazard Area, Airport Overlay, Geological Hazard Area, or MS4 Area. H. Section 27-7-40.C.8 states -- If compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The submitted Specific Development Guide does reflect the performance standards and allowed uses described in the Estate zone district. The E (Estate) lots shall comply with all (Estate) requirements as described previously with the exception that second single family dwellings be included and allowed animal uses per lot adhere to the bulk requirements of the A (Agricultural) Zone District as stated in 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 PLANNED UNIT DEVELOPMENT FINAL PLAN IS CONDITIONAL UPON THE FOLLOWING: 1. Prior to recording Planned Unit Development Plat: A. The applicant shall address the requirements of Weld County School District RE -2 as stated in the referral response dated July 25, 2022. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) B. The applicant shall submit a contractual guarantee from North Weld County Water District to serve the proposed PUD. The agreement shall demonstrate that the water quality and quantity are sufficient to meet the requirements of the uses within the PUD. Documentation shall address the primary conditions of service including payment of tap fees, extension of pipelines and other water service facilities, dedication of water rights, etc. per the requirements detailed in C.R.S § 29-20- 304. The agreement and supplemental documentation shall be reviewed and accepted by the Weld County Attorney's Office prior to acceptance of the Final Plan Plat. (Department of Planning Services) C. The applicant shall submit the name of the street of the proposed development along with the street addresses for review to the Weld County Sheriff's Office, Department of Planning Services - Addressing, United States Postal Services and Eaton Fire Protection District. Evidence of each agency's approval shall be submitted in writing to the Department of Planning Services. This road name will be used in addressing of the PUD lots. There shall be no duplication of road names within the area. (Department of Planning Services) D. The applicant shall submit the draft Declaration of Covenants, Conditions, and Restrictions (CCR) of the required Homeowners Association, for review and approval by the Weld County Attorney's Office and Department of Planning Services. The finalized Declaration of CCRs and Articles of Incorporation shall be submitted to the Weld County Department of Planning Services for recordation with the appropriate recording fee. The CCRs shall incorporate any changes required by the Weld County Attorney's Office and Department of Planning Services. (Department of PUDF22-0003 — Basiliere Page 4 of 9 Planning Services) E. The applicant shall submit Certificates from the Secretary of State demonstrating that "The Homeowners Association" has been formed and registered with the State. (Department of Planning Services) F. An Improvements Agreement for on -site improvements for Subdivisions/PUDs (Chapter 27-2-80, Chapter 24-9-20) is required. This will include collateral to ensure the improvements, to include the internal paved roadway, are completed and maintained. (Development Review) 2. The Planned Unit Development Plat shall delineate the following: A. The plat shall be labeled PUDF22-0003. (Department of Planning Services) B. The applicant shall adhere to the plat requirements in preparation of the plat per Section 27-9-20 of the Weld County Code. (Department of Planning Services) C. All utility easements shall conform to Section 24-3-60 of the Weld County Code and adhere to the requirements of the Weld County Code. (Department of Planning Services) D. Show and label all recorded easements, ditches and rights -of -way on the map by book and page number or reception number. (Department of Planning Services) E. The Planned Unit Development Final Plat shall utilize PUD Plat Certificates Numbers 1, 3 and 4 as located in Appendix 26-P of the Weld County Code. (Department of Planning Services) F. County Road 74 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 on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Development Review) G. Show and label the approved access location, and the appropriate turning radii on the site plan. (Development Review) H. Show the vehicular and non -vehicular traffic circulation, including road classification, right-of-way width, road surface width and depth, and access to public right-of-way. (Development Review) I. Show and label the drainage flow arrows. (Development Review) 3. The following notes shall be delineated on the Planned Unit Development Final Plat: 1) The purpose of this amended Planned Unit Development Final Plan, PUDF22-0003, is to allow one (1) second single-family dwelling per each lot and the number of animal units per the A (Agricultural) Zone District. 2) The Planned Unit Development, shall consist of two (2) residential lots with Estate Zone Uses and certain A (Agricultural) Zone District uses, specifically allowing for one (1) second single- family home per lot and the allowed animal units per Section 23-3-70.D of the Weld County Code on each platted lot as indicated in the application materials on file in the Department of Planning Services. The PUD will be subject to, and governed by, the Conditions of Approval stated heron and all applicable Weld County Regulations. 3) Any future subdivision of land shall be in accordance with Chapters 24 and 27 of the Weld County Code, as amended. 4) Installation of utilities and requirements of the service providers shall comply with Section 24-3- 60 and Section 24-3-180 of the Weld County Code. Any property owner shall not construct any improvements within identified easements. PUDF22-0003 — Basiliere Page 5 of 9 5) Water service may be obtained from North Weld County Water District. 6) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by On -site wastewater treatment systems (OWTS) designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 7) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. 8) 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. 9) Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. 10) The PUD roadway shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. 11) 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. 12) Weld County is not responsible for the maintenance of onsite drainage related features. 13) The historical flow patterns and runoff amounts on the site will be maintained. 14) Weld County is not responsible for the maintenance on onsite subdivision roads. 15) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No occupied building or structure shall be constructed within two hundred (200) feet of any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well or as amended. 16) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29- 3-20.6.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 17) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact, County Facility Fee and Drainage Impact Fee Programs. 18) The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Article II and Article VIII of the Weld County Code. 19) 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 20) The site shall maintain compliance at all times with the requirements of the Weld County Department of Public Works, Public Health and Environment, Planning Services and all applicable Weld County regulations. PUDF22-0003 — Basiliere Page 6 of 9 21) The site shall maintain compliance at all times with the requirements of the Weld County Government and the adopted Weld County Code and Policies. 22) No development activity shall commence on the property, nor shall any building permits be issued on the property until the final plan has been approved and recorded. 23) Failure to Comply. The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD final plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board of County Commissioners within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. Any PUD Zone District approved in a final plan shall be considered as being in compliance with Chapter 24 of this Code and Section 30-28-101, et seq., C.R.S. 24) The Amended PUD Final Plan process shall be followed when proposing changes to a recorded Planned Unit Development plat as described in Article VII of Chapter 27 of the Weld County Code, as amended. 25) The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code, as amended. 26) 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. 27) 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, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It 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 PUDF22-0003 — Basiliere Page 7 of 9 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. 4. Prior to Construction: a. Obtain an access permit for a development access for residential use only. (Development Review) b. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development Review) 5. Upon completion of Conditions of Approval 1., 2., and 3. above, the applicant shall submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of this Code. The Mylar plat and additional requirements shall be recorded within three (3) years from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within three (3) years of the date of the approval of the Planned Unit Development (PUD) change of zone or final plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD has not been abandoned and that the applicant possesses the willingness and ability to record the plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD cannot be met, the Board may, after a public hearing, revoke the PUD. 6. Failure to Submit. If a PUD final plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner PUDF22-0003 — Basiliere Page 8 of 9 to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submittal of the PUD final plan. The Board of County Commissioners may extend the date for the submittal of the PUD final plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board of County Commissioners determines that conditions or statements made supporting the original approval of the PUD Zone District have changed or that the landowner cannot implement the PUD final plan, the Board may, at a public meeting, revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original zone district. 7. Failure to Record. The applicant shall submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the County Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of this Code. The Mylar plat and additional requirements shall be recorded within three (3) years from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within three (3) years of the date of the approval of the Planned Unit Development (PUD) change of zone or final plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD has not been abandoned and that the applicant possesses the willingness and ability to record the plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD cannot be met, the Board may, after a public hearing, revoke the PUD. 8. Failure to Commence. If no construction has begun or no use established in the PUD within three (3) years of the date of the approval of the PUD final plan, the Board of County Commissioners may require the landowner to appear before it and present evidence substantiating that the PUD final plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board of County Commissioners may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board of County Commissioners determines that conditions supporting the original approval of the PUD final plan have changed or that the landowner cannot implement the PUD final plan, the Board may, after a public hearing, revoke the PUD final plan and order the recorded PUD plan vacated. 9. In accordance with Appendix 5-J of the Weld County Code, should the Planned Unit Development Final Plat not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution or Planning Department approval, a $50.00 recording continuance fee shall be added for each additional 3 -month period. 10. Following recordation of the Planned Unit Development Final Plat, the property owners shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception of the Planned Unit Development Final Plat. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Office and may create a clouded chain of title. PUDF22-0003 — Basiliere Page 9 of 9 RESOLUTION RE: GRANT CHANGE OF ZONE, PUDZ22-0002, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR TWO (2) RESIDENTIAL LOTS WITH E (ESTATE) ZONE DISTRICT USES AND CERTAIN A (AGRICULTURAL) ZONE DISTRICT USES, SPECIFICALLY ALLOWING FOR ONE (1) SECOND SINGLE-FAMILY HOME PER LOT AND THE ALLOWED ANIMAL UNITS PER LOT - WESLEY AND SHAUN BASILIERE 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, a public hearing was held on the 25th day of May, 2022, at 10:00 a.m., for the purpose of hearing the application of Wesley and Shaun Basiliere, 13813 County Road 74, Eaton, Colorado 80615, requesting Change of Zone, PUDZ22-0002, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for two (2) residential lots with E (Estate) Zone District Uses and certain A (Agricultural) Zone District Uses, specifically allowing for one (1) Second Single -Family Home per lot and the allowed animal units per lot, for a parcel of land located on the following described real estate, to -wit: Amended Subdivision Exemption, AMSE-1030; being part of the E1/2 SE1/4 of Section 32, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the applicant was present, and WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of said Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 27-5-30 of the Weld County Code. 2. The applicant has demonstrated that the request is in conformance with Section 27-6-120.D as follows: A. Section 27-6-120.D.5.a — The proposal is consistent with any Intergovernmental Agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan), Chapter 23 (Zoning), and Chapter 24 (Subdivision) of the Weld County Code. 1) Section 22-2-30.C.2 states: "Establish residential development options based on compatibility, proximity to municipalities, and 4838782 Pages: 1 of 9 06/22/2022 10:41 AM R Fee:$0.00 Carly Koppa., Clark and Raoordar, Wald County , Cs lIII NU�1Ifi�� l i1�l �#R 44 � I'O'W, iI �I II CC . PL(TP/t40, CA (86), APP-. 7/19/22 2022-1385 PL2822 CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) - WESLEY AND SHAUN BASILIERE PAGE 2 availability of services that reflect the desired density and character of that location." The proposed PUD is located near nine (9) lots that are all similar in size and use of the proposed PUD. These lots were created through the Recorded Exemption process and zoned A (Agricultural). The expected use of the lots created through the PUD will be similar to what is allowed on these adjacent lots. Therefore, the character of the area will not significantly change, nor will it be a negative impact. The site is located in a rural area and is not located within 1/4 mile of the nearest subdivision/PUD. The nearest subdivision is Golden Eagle Acres subdivision, 4,000 feet to the west (approximately 0.9 mile). As a result, this is not considered an urban scale development and is not proposing an open space allocation. B. Section 27-6-120.D.5.b - The uses which will be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Chapter 27, Article II of the Weld County Code. The proposed PUD conforms with most of the Performance Standards as outlined in Section 27-2-20 through Section 27-2-220 of the Weld County Code. The applicant seeks approval to not include the following specific Performance Standards: common open space, per Section 27-2-60; landscaping standards, per Section 27-2-100; and monuments, per Section 27-2-130 of the Weld County Code. Given the limited intensity of development, the Department of Planning Services supports this request. C. Section 27-6-120.D.5.c — The uses which will be permitted shall be compatible with the existing or 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 or master plans of affected municipalities. The proposed PUD is located within three (3) miles of the Town of Severance and within the Severance Coordinated Planning Agreement boundary. The Town of Severance's referral, dated February 22, 2022, stated they have no concerns or conflicts with the request. Additionally, the Town of Severance Future Land Use Map shows the area as Rural Residential Conservation/Agricultural, which is aligned with the proposed PUD uses. D. Section 27-6-120.D.5.d — The PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in compliance with the Performance Standards in Article II the Weld County Code. Water is, and will be, provided by the North Weld County Water District (the District). Sewer is, and will be, provided by individual On -site Wastewater Treatment Systems (OWTS). The application has satisfied Chapter 27, Article II, Section 27-2-176 and Section 27-2-210 of the Weld County Code in regard to water and sewer provisions. Proposed Lot 2 is served by the District by existing Meter 363. The application materials indicate the North Weld County Water District will provide water to proposed Lot 1. 4838782 Pagss: 2 of 9 08/22/2022 10:41 AM R Fee:$0.00 Carly Koppel', Clark and Recorder, Wald County , CO IIII AL kid Lk III H 2022-1385 PL2822 CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) - WESLEY AND SHAUN BASILIERE PAGE 3 A letter from the District, dated April 5, 2021, was included in the application and states, in part, "1. The District is able to provide water service to the property, contingent upon all requirements of the District being satisfied. If all District requirements, including all contracts, have not been satisfied and completed with the district within one (1) year of the date of this Letter, the District may refuse to supply water to the property. After one (1) year, it should be understood that the District reserves the right to refuse water service, if raw water is unavailable, and/or pipeline or water treatment capacity is not capable of providing water service to the above -described property." The applicant has had further discussion with the North Weld County Water District. There are two (2) existing residences located on proposed Lot 2. On -site Wastewater Treatment Systems (OWTS) provide separate sewer service to each residence. SP -9700122, is permitted for two (2) bedrooms and SP -1300048, is permitted for three (3) bedrooms. A new OWTS will provide sewer when the residences are constructed on proposed Lot 1. E. Section 27-6-120.D.5.e — The street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. County Road 74 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance #2017-01) as an arterial road, which requires 140 feet of right-of-way and is considered adequate in functional classification, width, and structural capacity to meet the potential traffic requirements. The applicant submitted a variance request to the Minimum Access Spacing Criteria so the existing residential access point could be used for the development access location. After review of the variance request, it was determined the existing access location (AP13-00064) will be accepted, even though it does not meet the Minimum Access Spacing Criteria as specified in Table 1 of Section 8-14-30 (i.e. 1,320 feet). A new Access Permit shall be obtained as the use will be upgraded to a "development access" for an internal road, per Development Review's referral, dated February 16, 2022. F. Section 27-6-120.D.5.f — An off -site Road Improvements Agreement and an on -site Improvements Agreement proposal is in compliance with Chapter 24 of the Weld County Code, as amended, and a road improvements agreement is complete and has been submitted, if applicable. An improvements agreement is not required for the PUD Change of Zone. G. Section 27-6-120.D.5.g — There has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the 4838782 Pages: 3 of 9 00/22/2022 10:41 AM R Fee:$0.00 Carly Kappa,, Clark and Recorder, Wald County , CO 2022-1385 PL2822 Valk till CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) - WESLEY AND SHAUN BASILIERE PAGE 4 subject site. The PUD is not located within a Special Flood Hazard Area, Airport Overlay, Geological Hazard Area, or Municipal Separate Storm Sewer System (MS4) Area. Per the Geotechnical Subsurface Exploration performed by Soilogic clayey to silty sand with trace amounts of gravel were detected. Additionally, per the 1974 Weld County Sand, Gravel Resources map of hard rock minerals, there are no viable aggregates located subsurface to this proposed development. The six (6) wells that were owned and maintained by PDC Energy have been plugged and abandoned since September 22, 2021, per an email by Kristy Weyerman of PDC Energy, Inc., dated September 27, 2021, submitted with the application material. H. Section 27-6-120.D.5.h — Consistency exists between the proposed zone district(s) uses and the specific or conceptual development guide. The submitted Specific Development Guide does reflect the Performance Standards and allowed uses described in the Estate Zone District. The E (Estate) zoned lots shall comply with all E (Estate) requirements as described previously, along with the certain A (Agricultural) Zone District uses, specifically allowing for one (1) second single-family home per lot and the allowed animal units per lot. The Department of Planning Services is recommending that this Change of Zone be approved as a Specific Development Guide and that it be reviewed administratively at the Final Plat stage. The Board supports this request. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Wesley and Shaun Basiliere, for Change of Zone, PUDZ22-0002, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for two (2) residential lots with E (Estate) Zone District Uses and certain A (Agricultural) Zone District Uses, specifically allowing for one (1) Second Single -Family Home per lot and the allowed animal units per lot, on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the PUD Change of Zone plat A. The applicant shall acknowledge the requirements of Weld County School District RE -2, as stated in the referral response, dated February 16, 2022. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. B. The PUD Change of Zone plat shall delineate the following: 1) The plat shall be labeled PUDZ22-0002. 2) The attached Plat Notes. 3) The applicant shall adhere to the plat requirements in preparation of the plat, per Section 27-9-20 of the Weld County Code. 4836782 Pages: 4 of 9 08/22/2022 10:41 AM R Fee:$0.00 Carly Kappa., Clerk and Recorder, Wald County , CO IIIII RUN: hill ICIii hOlIillgiiliehld i�Cfihl��k II I 2022-1385 PL2822 CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) - WESLEY AND SHAUN BASILIERE PAGE 5 4) The applicant shall show and label all recorded easements, ditches, and rights -of -way on the map by book and page number or Reception number. 5) County Road 74 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 the existing right-of-way on the site plan. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 6) The proposed internal road system that delineates right-of-way width, road surface width and depth, and access to public right-of- way, which meets the requirements of Chapter 8 of the Weld County Code. 7) The applicant shall show and label the approved access location, width, and the appropriate turning radii on the plat. C. The Change of Zone is conditional upon the following and that each shall be placed on the Change of Zone plat as notes, prior to recording. 1) A Change of Zone, PUDZ22-0002, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for two (2) residential lots with E (Estate) Zone District Uses and certain A (Agricultural) Zone District Uses, specifically allowing for one (1) Second Single -Family Home per lot and the allowed animal units per lot. The PUD will be subject to, and governed by, the Conditions of Approval stated heron and all applicable Weld County regulations. 2) The two (2) residential lots will adhere to the Bulk Standard Requirements as delineated in Section 23-3-440, for the E (Estate) Zone District except for the allowance of one (1) Second Single -Family Dwelling per lot and four (4) animal units per acre. 3) Water service may be obtained by the North Weld County Water District. 4) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by On -site Wastewater Treatment Systems (OWTS) designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 4839782 Patios: 5 of 9 08/22/2022 10:41 AM R F..:$0.00 Carly Kopp., Clark and Raoordar, Weld County , CO IIIII �� r"� Iiimkiiti tivrinumilVi 11111 2022-1385 PL2822 CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) - WESLEY AND SHAUN BASILIERE PAGE 6 5) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. 6) Installation of utilities shall comply with the Subdivision Design Standards as listed in Chapter 24, Article III, of the Weld County Code. 7) 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. 8) Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. 9) The access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 10) 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. 11) The historical flow patterns and runoff amounts on the site will be maintained. 12) No Use by Special Review land use permit shall be permitted within this Planned Unit Development. 13) All proposed or existing structures will, or do, meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No occupied building or structure shall be constructed within 200 feet of any tank battery, within 150 feet of any oil and gas wellhead or within 25 feet of any plugged or abandoned oil and gas well. 14) Building Permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agriculture Exempt Building, per the requirements of Section 29-1-20 and Section 29-3-20.B.13 of the Weld County Code do not need Building Permits; however, a Certificate of Compliance must be filed with the Department of Planning Services and an Electrical and/or 4836782 Pages: 6 of 9 06/22/2022 10:41 AM R Fee:$0.00 Carly Koppit, Clerk and Recorder, Weld County , Co VIII I ��Q�tiM� h+�Ii 'kl��h'�Ilu NA !lif WilII III 2022-1385 PL2822 CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) - WESLEY AND SHAUN BASILIERE PAGE 7 Plumbing Permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 15) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs. 16) Any future subdivision of land shall be in accordance with Chapter 27 of the Weld County Code, as amended. 17) No development activity shall commence, nor shall any Building Permits be issued on the property, until the PUD Final Plan has been approved and recorded and all conditions satisfied. 18) The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Article II and Article VIII of the Weld County Code. 19) The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. 20) The site shall maintain compliance, at all times, with the requirements of the Weld County Departments of Public Works, Public Health and Environment, Planning Services, and all applicable Weld County regulations. 21) 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 all applicable Weld County regulations. 22) The applicant shall comply with Section 27-8-50 Weld County Code, as follows: Failure to submit a Planned Unit Development Final Plan - If a PUD Final Plan application is not submitted within three (3) years of the date of the approval of the PUD Zone District, the Board of County Commissioners shall require the landowner to appear before it and present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses the willingness and ability to continue with the submission of the PUD Final Plan. The Board may extend the date for the submission of the PUD Final Plan application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions or statements made supporting the original approval of the PUD Zone District have changed, or that the landowner cannot implement the 4836782 Pages: 7 of 9 00/22/2022 10:41 AM R F..:$0.00 Carly Koppaa, Clark and Recorder, Wald County , CO MO: 'h 14 MAIM 11111 2022-1385 PL2822 CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) - WESLEY AND SHAUN BASILIERE PAGE 8 PUD Final Plan, the Board of County Commissioners may, at a public hearing, revoke the PUD Zone District and order the recorded PUD Zone District reverted to the original Zone District. 23) 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. 24) 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. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the Planned Unit Development Change of Zone plat for preliminary approval to the Weld County Department of Planning Services. Upon County approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. 3. The Planned Unit Development Change of Zone plat shall be submitted to the Department of Planning Services for recording within 120 days of approval by the Board of County Commissioners. 4. In accordance with Appendix 5-J of the Weld County Code, should the Planned Unit Development Change of Zone plat 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. 4836782 Paseo: 8 of 9 Cary Kopp. ,2 1 Clark and R.00rda , Wild County , CO VIII irditLIliu+NINiM OMEN. PlikAI IR till 2022-1385 PL2822 CHANGE OF ZONE, PUD22-0002, FROM A (AGRICULTURAL) TO PUD (PLANNED UNIT DEVELOPMENT) - WESLEY AND SHAUN BASILIERE PAGE 9 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of May, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: detifmj .Jr1to•„k Weld County Clerk to the Board ounty Attorney Date of signature: 6/16J 22_ 4838782 Pages: 9 of 9 06/22/2022 10:41 AM R F..:$0.00 Carly Kopper, CUrk and Raoordar, Wald County , CO 11111 Sco James, Chair 2022-1385 PL2822 Hello