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Home My WebLink About20182366.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, PUDF18-0002 - PANORAMA ESTATES, LLC 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 April 11, 2018, the Department of Planning Services approved Final Planned Unit Development. PUDF18-0002. for Panorama Estates. LLC, 36509 CR 41. Eaton, CO 80615, for a Planned Unit Development for 26 Residential Lots with E (Estate) Zone Uses along with 3.79 acres of Open Space and Three (3) Outlots, on the following described real estate, to - wit Lot B of Recorded Exemption. RECX12-0025: being part of the N1/2 SE1/4 of Section 8. Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements 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 Panorama Estates, LLC. with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with a Subdivision Bond from North American Specialty Insurance Company. in the amount of $539,178.50, and WHEREAS, after review. the Board deems it advisable to approve said agreement and accept said Subdivision Bond from North American Specialty Insurance Company, in the amount of $539.178 50, 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 Panorama Estates. LLC. be, and hereby is. approved. BE IT FURTHER RESOLVED that Subdivision Bond from North American Specialty Insurance Company, from Panorama Estates, LLC. 36509 CR 41, Eaton, CO 80615. in the amount of $539,178.50, be and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is. authorized to sign said agreement. 2018-2366 PL2289 IMPROVEMENTS AGREEMENT - PANORAMA ESTATES. LLC PAGE 2 The above and foregoing Resolution was. on motion duly made and seconded, adopted by the following vote on the 23rd day of July. A.D.. 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditAgai s; 1, Weld County Clerk to the Board B StMoreno, Chair / putt' putt' rk he Boar,:./ N' f� �� , an P. Conway ount = orney Date of signature: rt, Mike Freeman 2018-2366 PL2289 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST RE: BOCC Agenda Item - Approve Improvements Agreement for: Panorama Estates -- PUDF 18-0002 DEPARTMENT: Public Works DATE: 7/9/2018 PERSON REQUESTING: Evan Pinkham Brief description of the issue: The Department of Public Works received a request from the applicant, Tommy Raye, requesting that the Board of County Commissioners consider approving the Improvements Agreement for the residential subdivision (PUDF 18-0002). Weld County Public Works, Planning Services 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. The Department of Public Works received a request from the applicant, Tommy Raye, requesting that the Board of County Commissioners consider accepting on -site collateral in the form of a bond (North American Specialty Insurance Company) in the amount of $539,178.50, for the above -mentioned Improvements Agreement. What options exist for the Board? 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements for PUDF 18-0002 and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Approve Recommendation Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro-Tem Steve Moreno, Chair Schedule as Regular BOCC Hearing Item Other/Comments: 2018-2366 SUBDIVISION BOND KNOW ALL MEN BY THESE P Estates Bond No. 2269316 RESENTS, that we Panorama Estt CO 806 2� LAX* 9075 WCR 10• F rt Lu as Principal, and North American S ecia► Insurance om. - n authorized to do business in the, State of Colorado 110"-------.---___.. , as Sure .__------_..__._ ty, are held and firtrily bound unto as Obligee, in the penal sum of _Five Hundredand Thin# -Nine Thous and sand One Hundred -ve ----------------------------------- t the 50/nited States of • i �tlmoney America, for the _Ohara__ payment of which well and truly S 5 to be 7$. Q administrators succ� Y be � DOLLARS, lawfidmoneyof cssors and assigns, jointly and severally,made, we bind ourselves, Y firmly our heirs, executors, WHEREAS by these presents. Panorama Estates LAX has agreed to construct in Panorama —_. Es#ates_ the following improvements: as- detailed in Exhibit "A_"and Exhibit "B" between the Count of Weld Colorado and P of the Im rove anorama menu Agre�en` Estates LLC NOW, THEREFORE, THE CONDITION OF THIS OBLIG have constructed, ATION IS SUCH, that if the said Principal shall construct, or the improvements herein described and shall save the Obligee reason of its failure to complete said work, then p this obligation shall be null and void; otherwise harmless• from any loss, cost or damage tby . Signed, sealed and dated this 3rdis� to remain in full force and effect. day of Ma 2018 S-3689/GE 2/98 Pano_ rl�Esta��L� By: North America� It ogel Principal � . e C.om A{( f!.ev_in- act XDP SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY of) KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of overland Park, Kansas, each does hereby make, constitute and appoint: RUSSELL D. LEAR, DARLENE KRINGS, K'ANNE E. VOGEL, ROYAL R. LOVELL, KELLY T. URWIL LER, WESLEY J. BUTORAC, STEVEN J. BLOHM, DULCE R. HUGGINS, and KRISTEN PEREIRO JOINTLY OR SLVLRALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION (550,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held onthe 9th ofMay, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By P. Anderson, Senior Vice Preddent of Washinglon International Insurance Company & Senior Vice President of North American Specialty Insurance Company Michael A. IItto, Senior Vice Presidentia. gton InternationalInsurance Company & Senior Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 03 day of JANUARY , 2018 . State of Illinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company On this 03 day of JANUARY , 20 18 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. -as AL AS - OFFICIAL SEAL M. $ENNY Notary Pui:Iit State at 6liiasis My Commission Exlnrrs 12/0412021 N,1 Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies Jeffrey uoldherg, Vice fres,de t. ex Assistant Secretary of Washington Intemaor_nal fn ursvoe Company & North American Specialty Insurance Company IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS PANORAMA ESTATES - PUDF18-0002 THIS AGREEMENT is made this O 5 day o , 2018, by and between Panorama Estates, hereinafter referred to as "Property Owner," authorize to d business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of olorado, by and through its Board of County Commissioners, whose address is 1 150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: Lot B of Recorded Exemption RECX12-0025; being part of the N1/2 SE 1/4 of Section 8, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado and hereinafter referred to as "the Property,- and WHEREAS, Property Owner has received Board of County Commissioner approval of PUDF 18- 0002 for 26 lots on approximately 66.57 acres on the Property, and WHEREAS, Property Owner acknowledges that the final approval of PUDF 180002 is conditional upon Property Owner's funding and/or construction of the on -site and road maintenance described in this Agreement and depicted in the following incorporated exhibits: Exhibit A - On -Site Improvements Costs of Construction, Exhibit B - On -Site Improvements Construction Schedule, Exhibit C — Construction Plans, -It Exhibit D — Plat Map (recorded simultaneously with this Agreement), and '� mw WHEREAS, Property Owner acknowledges no building permits will issue for any lot described in PUDF 18-0002 until said improvements have been completed and accepted by County, and W nA m w-0 WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code Mato Sec. 24-3-80, 24-4-70, and 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 °,7 a been abandoned, and that the Property Owner has the willingness and ability to continue development, - m'" ~' PUDF 18-0002 and r��mcn m mo Qm WHEREAS, the parties agree that the Property Owner shall provide collateral for certain on -site improvements required by this Agreement when the Board of County Commissioners approves this Agreement. ▪ o 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 1: SITE SPECIFIC PROVISIONS o2D/— o23o(t° Page 1 of 10 A. Off -Site Improvements (Not Applicable) B. On -Site Improvements: Property Owner shall be responsible for the construction of all On -Site Improvements as shown on the accepted Exhibits. Improvements located on the Property shall be considered "On -Site Improvements." 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, 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. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (OSHA), Colorado Department of Transportation (CDOT), 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/HOA shall be responsible for all maintenance of the on -site improvements. Additional infrastructure improvements will be addressed at the time of application for any future amended USR. 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. 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. z w F+ 7c 0 --of m mw gr 0 4 I'd, o - m� 4,m �am — S C) O 4.0 Construction Schedule Exhibit. Exhibit B 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 B 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, 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. "As -built' plans shall be submitted once the Property Owner has completed Page 2 of 10 improvements as described in Part II.B, 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. C. Maintenance Requirements: 1.0 Off -site recurring maintenance, as required by the Board: 1) Application of magnesium chloride 2 times per year on County Road 17 between the site access and County Road 24. PART 2: 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 improvements 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 Construction. Property Owner shall furnish and install, at its own expense, the improvements 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. 3.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. At all times during said construction, the County shall have the right to test and inspect material and work, or to require testing and inspection of material and work at Property Owner's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Property Owner. 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 improvements during the two-year warranty period; and (3) Road Maintenance Collateral is required to be kept in place for the life of the pen-nit/project. Collateral acceptance and release is governed by the Weld County Code. Page 3 of 10 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. 1.3 Road Maintenance Collateral shall be submitted and held by County for the life of the development. Road Maintenance Collateral is S3,600 for developments with paved designated travel routes, and $2,400 for developments with unpaved designated travel routes. The Road Maintenance Collateral may be accessed by County if, following notification to Property Owner of required roadway safety related repairs or maintenance (including dust control), Property Owner fails to perform said repairs within the time allowed in County's notification. If any of this collateral shall be collected by County, Property Owner shall replace the amount, plus interest, within six (6) months. If no Project Collateral is required to be submitted, Road Maintenance Collateral shall be submitted at the time of execution of this Agreement. 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 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 may be 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: Page 4 of 10 3.2.1 The Property Owner's Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 3.2.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or at such time as the Property Owner has completed improvements as shown on the Exhibit C and/or Exhibit D, and shall be stamped and approved by an Engineer registered in the State of Colorado, if an Engineer was initially required for the project. The Property Owner's Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from 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. C. 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. 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 Board of County Commissioners authorize release of collateral for On -Site Improvements. 2.0 Inspection, Approval, and Acceptance Process: 2.1 Upon completion of construction of all 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 Page 5 of 10 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. 2.2 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. 2.3 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 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 shown on the construction schedule exhibit, and may continue to issue building permits so long as 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. 2.4 The Board of County Commissioners does not accept any On -Site Improvements for maintenance purposes. On -Site Improvements may only be accepted as dedicated for public use. 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 or ensure the on -site improvements will be constructed and/or available for their intended use(s). The County does not and shall not assume liability for improvements designed and/or constructed by others. D. Access and Right -of -Way Permits: 1.0 Access Permits. Property Owner shall not use any access onto any County road unless and until an access permit has been issued by the Department of Public Works. Public Works may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the use of an additional access point, or if there is a change in use of the current access point, as permitted by Article V of Chapter 12 of the Weld County Code. 2.0 Right -of -Way (ROW) Permits. Per Article IV of Chapter 12 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. 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 Page 6 of 10 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 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events: 3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of the underlying land use approval under Weld County Code sections 24-3-80, 24-4-70, and 27-8- 60. 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. K. General Provisions: 1.0 Successors and Assigns. 1.1 This Agreement shall be assigned by the Property Owner to the Homeowners' Association (HOA) in accordance with the provisions provided in the Declarations associated with the residential subdivision. However, in all other circumstances, the 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 all cases other than an assignment to the HOA, 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. Page 7 of 10 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. �a� d J � Z.3 pa GtO M_oNN - yro mw - 5. cn a co � Qm o r_m 40— BC" E• B dam 8.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description caused by, arising from, or on account of the design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 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. Page 8 of 10 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 relating 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. 4419123 0/2018 04:36 P 0 3 M R Fee:$0,00 Carly K.rR'e,I�Clerk and Recorder, 11JWeld itI ji'County, co1. , II III Page 9 of 10 PROPERTY OWNER: By: Name: 1-;vtir." D_ Title: etctitetacqe ✓ LESSEE (IF APPLICABLE): By: Name: Title: STATE OF COLORADO County of Weld Date 4 -s --/g Date ss. fh The foregoing instrument was acknowledged before me this 5 day of_JU 2011, by "/ Ill W t NES SiiiiiackulscAftell seal. NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20074038662 MY COMMISSION EXPIRES OCT.14, 2019 Notary Public WELD COUNTY:,,:..,�((��, b ATTES : ..�AG[.�/44Z►/'ok BOARD OF COUNTY COMMISSIONERS Weld ' ou- t Clerk to the Bnard WELD COUNTY COLORADO ♦'�"R'+�� ¢ , BY: % • / i`�� / �_�� ,_ S (`'-,i ;_r %- i' ,. ,-z Deputy Cl k to the Bo. l teve Moreno, Chair 'JUL 2 3 2018 of 50 4419123 0%2018 04:369 PM Res: 10 Fee $0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 Page 10 of 10 ,ZO/O-0236769 ;F(� IT A - Gust Sheet (OFF -,SITE ) me of FeCililr ('�+i',�r;uua E S1dtes. 1 I I Per,,,neel ( unmet: 'Sarre lade! }-:iir�l(',+:as• (ri'I 1)!':-' _,!ntt: Location: 1t4 mite S. of CR 24 W of CR 17 Title: mann=ure Partner I'hune: 303-85--1754 ttrrak'v to he Way), hawed, the aafterse rtrl.it,trtitont hereby oerers to prneidr Illrn+jpharrt this fn(7titb the Iollmviox i,m,ererttrals 01 orlivetue 01' l (f F'F'_C j.Ire giacei hint(! ,v/rare thc.t (lo Not rtPp/v 1 Ouantity Units Unit Costs ($1 l.,tinmtcd t. untru, hue n.ct (S) (I 1:BLIC WORKS,_ Site Grading Street Grading Streel Base, Gravel (or Parking 1,15 Ton $12.00 52,460.00 Street Paving Pavement Marking Lurks, Gutters, and ( ulvert.s SO LF 550.00 $4,000-00 Sidewalk Stnrovater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements 1 is S-too.nu $4011.00 Subsurface Drainage Entrance/Access Improvements I Erosion Control Measures/BMP's t 1 $550_0o 5550.uu Road Maint. Collateral (per Sec. E.-7.5) 1 r,;; 52400.00 52400.00 Dust Control (per Sec. E.-7.5.2) Fire Hydrants Survey, Street Monuments/Boxes 1 1.5 $150.00 $150.00 !PLANNING SERVICES; Parking Area, Curb Stops, Bus Kiosks Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements Handicap Accessibility, Parking & Rails Septic Systems SUB -TOTAL: j est—nag• inspecijon. as- ulr Aran's anifworl-e rn arT ition 10 preliminary a nil Engineering and Supervision Costs (5) final tat: supervision of actual construction by contractors) $500.00 tOTAI. FSTt1.\ FED COST OF IMPROVEMENTS, ENGINEERING AND SUPERVISION ($) 4419123 Pages: 11 of 50 07/30/2018 04:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO will �lLIt'�P�Ii.I �aYt1 1111 $10460.110 EXHIBIT A - Cost Sheet (OFF -SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By CL) Applicant :Managing Partner - Panorama Estates By: Title Applicant Date Februur 14 20 IS Date Title 4419123 Pages: 12 of 50 07/30/2018 04:36 PM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County. CO IDl��".rP1 � � liii , 20 s,nnel Contact: \ante Chris Lade) Title. Nlanaune Partner Phone: 303-857-1754 Panorama Estates _(srrin:fin�to he 7rvu(/p huuuJ, the t Improvements spaces /r/taint where they do trot apply ) ;MAC W e Grading eet Grading Street Paving Pavement Marking Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Detention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Entrance/Access (per Sec. E.7.2) Erosion Control Measures/BMP's Road Maint. Collateral (per Sec. E.7.5) Dust Control (per Sec. E.7.5.2) Fire Hydrants Survey, Street Monuments/Boxes LPLANNING SERVICES' Parking Area, Curb Stops, Bus Kiosks Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements Handicap Accessibility, Parking & Rails Septic Systems SUB -TOTAL: Engineering and Supervision Costs (5) ( final plat; supervision of actual construction by contractors) _ Qe1 Pli DZ 17-0002 vrl,c,sot trrrrhz acre 1)unntitt aiU 1/4 mile S of CR 24 W of CR 17 dtr .. the hu/b u ,,1 i,uyrur e,utettt,. Unit Costs (S1 �-ts,ono.tln 55,51)0.!10 $s.500.0 ; 2.00 S217.5011,50 $5,!ioo.no LS 1U9.tl€4€l.tii9 Si 04000.0© $2.500.00 $3,500.00 Ls 55,000.00 $1,000.00 54,000.00 sung, inspection, as -tut t pans am work in audition to pre tminary Paes:3 of 50 007/441912018 04:36gPM RlFee $0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VAlfOrilikiiii 111111 TOTAL, ESTIMATED COST OF IMPROVEMENTS, ENGINEERING AND SUPERVISION (S) 18.5(1 $2.500,00 522.500.00 53-5(IILoo $5,000.0 51,000.00 54,000.00 $8,000.00 EX111B.11' 1 i; rrCostSb�et(ON$1JTE )'=Sigii�t$r4;P�gr: The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By et)1/47i.-3 Arbji Applicant Managing Partner - Panorama Estates LLC Title By Applicant Title 4419123 Pages: 14 of 50 07/30/2018 04:36 PM Carly KoPpeS , Clerk and Recorder, W� Weld County, CO Rill! , I � ` iii►fl III II Date 1-1 20 18 Date 20 EXHIBIT B - Time Schedule (ON --SITE ) & (OFF -SITE) Name of Suhitivicion. PUD, USR, RE, SPR: Panorama Estates - _Filing/Case a: _PLDZ17-0002 1 ocation: 1 /4 mile S of CR 24 !W CR 17 Intending to be legally bound, the vntfersigeed.4ppficont hereby agrees to provide throughout this furiliry the following improvements. All Improvements shall be completed within I_ years from the date of approval of the final plat. tt aas ett i ?a um rovements listed In Exhibit 4 hall be comple!aa as loliows: Improvements (Leave spaces blank where they do nor apply ) P[,63LIC 11ORKS,. (Site Grading ;Street Grading Street Base, Gravel for Parking 'Street Paving Pavement Marking 2 \Veeks 1 Week Time Selterdrt/e Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facil Retention / Detention Ponds Road Culvert ass Lined Swale Ditch imtsrovements Subsurface Drainage 3 Days 1 Day 2 Weeks 1 Week -f Days .5 Day OFF Si, 1 Das .5 Dar 1 Day .5 Day Entrance Access Erosion Control Measures/BMP's Fire Hydrant Survey, Street Monuments/Boxes jPLANNING SERVICES.] Parking Area, Curb Stops, Bus Kios Day 1 Day Days 1 Wee 3 Days Street Lighting Street Names I Day Signage 4 Days encing Requirements andsca ping, Seeding, Trees, etc. Park Improvements Handicap Accessibility, Parking & Rails 2 Days Septic Systems Final Completion Dale for Entire Pro eel 3 Months 3 Days 0 0130123 Pages: 2018 04:36 15 PM P Fee $ of @ 00 Carly Koppes, Clerk and Recorder, Weld County, CO viii MrallitPMidIvi'iMPtN lib Bill EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By ef4,---) nesh.1-{ Applicant Managing Partner - Panorama Estates Title By: Applicant Title REGfr a. Qie # ka T 'Pet 0 7 36846 Sa 3/20/18 Is 4;•„, cje. r • • 5'ONAL C Date February 14 20 18 Date . 20 Q:1New Version AgreementlExhibits120131Exh B Time Schedule-FINAL(2013).xlsx 4419123 Pages: 16 of 50 07/30/2018 04:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO LiJikiiiiira I'0+ 0 104,0 414, Ill III PANORAMA ESTATES, LLC Panorama Estates - Final PUD Utility Map, Roadway Plans, Landscape, & Sign Plan LOCATED IN 1/2 OF SOUTH WEST 1/4 SECTION 8, TOWNSHIP 2 NORTH, RANGE 67 WEST, OF THE 6TH PM COUNTY of WELD, STATE of COLORADO JANUARY,2018 OWNER ENGINEER SURVEYOR aM rv-� GEOTECHNICAL/SOIL INVESTIGATIONS seer,. DEVELOPMENT STANDARDS: .e 1.1. 4.." .M.s. vu s wsv/ox -srt 15 444.44.6 Wow Calnmv<noes A A CR 24 / FIRESTONE BLVD. ELM ST MAPLE ST SITE CR 22) SABLE AVE VICINITY MAP SHEET INDEX I Cover Sheet 2 General Notes 3 Grading / Drainage / Erosion Control Plan 4 Detention Pond Details 5 Erosion Control Details 6 Utility Plan 7-17 Roadway Plan & Profiles 18-27 Water Line Plan & Profiles 28.29 Water Line Details 30.33 Culvert & Spillway Plan & Profiles 34 Landscape & Sign Plan LEGEND ErSIING CONTOURS _ESN. WOE Of ASPHALT 0 cuvOiElE PROPOSED ROAD - vapaOSEO GCE VALVE - RELOuiell G. ;�' � wxaaseo mwre Engineer's Certification Panorama Estates Panorama Estates, LLC 4 Sneer 1 34 4419123 Pages: 17 of 50 07/30/2018 04:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County; CO VIII 1VAVhd II III GENERAL NOTES: TRENCHING: WATER: 3 /AL KNEED PANS SHALL STE [SOO SPIT PIC 3 ALL DIP PAINS AND ;MINCE SLIME NE VINANTNO PIN TOL PCArt1HTILENE E A A 2 ae 4419123 Pages: 18 of 50 07/30/2018 04:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO viii Vii1 1« 4110i1JFIM4'AWA ii iii SECTION A•A TYPICAL DITCH SECTION LOT B RENO. 1229253 c,/ 3��c �,rEe s ,sd /✓ A / NOTE: MIZIE,T=Olk..00Ssw. ee PLrio A, r LEGEND VAN=_u a. DINO.. /towmwcnw. ® SEDUM' cwmn .as rmn cEMEC SR.. APPRO4AL WELD PESPIA, Panorama Estates g / Pralnage / Erosion Control Plan Sl 3 34 4419123 Pages: 19 of 50 07/30/2018 04:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County; CO VIVI' ROW' II PLATE DETAIL WATER QUALITY ORIFICE PLATE DETAIL ELEVATION TRASH RACK DETAIL OUTLET STRUCTURE DETAIL Section B —B — Plan Yew Section C —C nas own.... ew a>.ro.+nw Only TNTILEngTL G. RI -INFORM, 11.01F7F 0,1.,ToNAE,I.F SHALL MAW A VINI11191 COUPS£S9SE 511.1401 AT ZS 3A115 1 nrxr SMALL ro AST,' [ISO. ',PE AOLVE4AILS TO ASTN 11.4 Of ST 1 QASSifI DATDN MO GRAD/ OF ORDINARY RIaRAR 11 I BURIED RIPRAP DETAIL DETENTION POND EMERGENCY SPILLWAY DETAIL CONCRETE SHEET FLOW WEIR OUTFALL DETAIL �1 Panorama Estates Detention rood o0 S 4419123 Pages: 20 of 50 07/30/2018 04:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■IIIl��1l '�Ky�:M�� J'�41 yKIVA11 II SEDIMENT AND EROSION CONTROL SCSoONSOLI FOP SONS, Ann EROS. [COMO_ AT TOE 9TE SR'S sAr NCI,Of. BUT WE Nat us. r0 SO oPOJECT GI,T FFNI.F pFTNI © VEHICLE TRACKING MAT SEDIMENT CONTROL LOGS PORTABLE CONCRETE WASHOUT CONTAINER PURPOSE A OBJECTIVE _ IVN rxr ors s,rz istU s s nz .vs cox ET. wrsw2a w nxws upaLs .wain is 3.m rr 'max wr mortx wusn[[nx¢xrruu usRu �arcn TARGETED POLLUTANTS SOILS IN MORMON Ono OP SMALL [Sid 0 STAIONG PATTERNS CB EROSION CONTROL BLANKET .� ... EROSION CO11,101°.',-J1-41.7T CB INSTALLA S a Panorama Estates, LLC 5 3, 4419123 Pages: 21 of 50 07/30/2018 04:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Bill wATOI 0..72 N ,e mwrsl IPeI ELM ST. or .1 ! l LOT 3.28 aC OPEN PAGE 2.98 aC OPEN ACE — 3 c 11 LOT 19 1,43 aC UTLOT OE 39N3 O� O1O CLW A �. LOT O E3913 NEC. NO. 3339258 urcIED LOT 8 LOT 1.67 an Cr LOT 6 1.67 ac BL ,01 tLl LOT Lt\.S LOT Ean S \\ I LOT 1.49 a0i 1.50 acLOT 21 LOT 32 .50 LOT ac ✓ tLO ,es ac \t OT 28 1.50 ac aci.30 / _89 ac I �— �sau6'e[ LOT 3 2.22 aC LOT 17 5.35 ac NN ✓ cns OtE LOT to \ OPEN SPACE LOT 2 2.22 ac I r7117,`",,`,.`=„,, WELD CCU LOT I 2.30 00 '0100.1 OUTLOT v I, 0. 05 ac LOT A RE -41.53 AECOADON i0Y 0 COUNTY �; r Panorama Estates Panorama Estates, LLC Sheet: 6 3< 4419123 Pages: 22 of 50 07/30/2018 04:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �� .OMI 4L� f ' it h�fi F� � �W� rhilh 1 I veM -' — — _''''',=;;, CfrZ a° E \ t _ Cfl 17 a o o a. -w n v ,.w .. ..® �... ,.w v ~ ofh Leo m ..„ e / ..................... - r.��..::.::............................::::.�:.... Panorama Estates CP 17 Plan la Prollle SN:2+00 zn 0+ea - - - \N z767. y''aor ouw xa.e - .1 ROA MK - -YL�J i ELA.M. _' 'At3 4,4 c �. 1\I1t' 9 725.em mutts—\--- t ,_ 1,0 EC U!�� ne N'i0aeo...G.. SOILS e, aP .e� . e�� J COUNTY ROAD 17 SECTION KEVNAP 4985 v Si v 8e .ear .ero - _.-..may... ... - - - - - .. , bIb $ .- �.— $ wouo ;A _ __ ,w.o� F� 9.715710.1.0717157 - _- a a:: .a:o t .ass �--- _r essOY.y s i6 6 i $ 1 € Sheet, `" 7 se Be oo ,.ro .e m e m oo ,o o so m 500a .e . m ..,e , 4419123 Pages: 23 of 50 07/30/2018 04:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III!Pall Kul Ail IL'IIIABill • VJoT Consulting, Inc. as ,.. maw' NANORAMA RC i $ 6p /'4b . Panorama Estates Panorama [Arnie Plan a P,ollle so: n..35,00 r� PO 'o- Lo, . Lor x g I '', \ ,, li � is0063 oo m Ow1 ID Mn, r.-%e,.m Line Table: Alignments E.` 7,'`.ac s Ev c Panorama Estates, LLC I uix— w Una# Length 1 Direction 1Stan Pomp End m I I uv es xe ., zees lov%S.oavm.oal vss sowev> re ss� u W 1 l •W'asrn°'tC.', m COOT Cwrc sx .y. .... I, ,J a " ms n n wcrm .r : zz aenw� easwc P i1 xarr TYPICAL ROAD SECTION ,995 vmwrsx�10se o I wnv , a _+_._.my Kz� �Sm r+mwsrn kanc c Oc u l II111T1 .ss 6UI .ass- wm ssa T 494 8 ,R Saee. -o zv o.m v.zv z r-ro _ ec , zv i.w i•m ea x.cc z .a x -w z eo xwa x•m zv z.•v m rc •-.. •..a •v .. v nn -•n., .•zv 4419123 20 1 8 04:36 2PM R 4 of 50 0730Fee $0.00 Carly Koppes, Clerk and ,��I RY'if �Y��lil a rY5�l� Recorder, e,I II _00- J&T Consulting, Inc. ---_ — ---------. - r Q. o oo Panorama Estates Panorama Circle Plan a Prollle Sta: s+Bu ro 11+Bu nor z i J Line Table: Alignments I I I I tl Lan91h Corn on of E. Poi 1 no, }r see n I V n falIt- Mil Panorama Estates, LLC a. d€ _ SS e .ass m — —_—L - I ass° _ I ga I ws5 .zss kn - iwceosm c r } __ 'vim }— w LG __— Q .sss .n 1— } —i— -k mow`v sneer. 9, : en sn 0n s :n s zo m s a u' JaT Consulting, Inc. AN 4 CIRCLE Panorama Estates Panorama Circle PWn & Profile Sta: 11 t8o io 1 r+So �.� —�__ ,,mN - / / Line Table: Alignments Liao n length I a.eceoa SLen Point ein! ea ..• :b1e om teeaa ea aa.., n 2az,we9 6753868667 as7aee: 0 , . 2») Panorama Estates, LLC ..,.�.,,.- �€ (wee - - - - e en8 I- I sa5xg as ! I I aso I sa Q I I LGt -t. 2_ PPoaostRnor T j 650 os ` L 3 R N Kw T -- __ .J o .aa I. .. . . $. tom 'I'a a . . .. . =� . . ^�. 0 5!, cez1oo 84 ee �z ea -z zo �z w Iz ea iz w .aga .a zo �a a �a w ism in oo �, 2a �, w , w „ es 5 w �5 zo �s w is w 5 w 6800 �¢ zo 16 w ¢ m 6 e i2 ee ,z za z w ,2 w �a ea 4419123 07/30/2018 04:36 PM R F Fee:$0.00 Carly Koppes II!K.lpRs Clerk and Recorder, ekli'rl�}LKAIiS County, C0'III4 till / \ / / / \ • te C 5 r� IL 1 1 Panorama Estates, LLC Panorama Estates Panorama Circle Plan 3 Profile Su: 12+60 m 23+60 ax - OT , / / ---_� PARORAA CIRCLE ' Line Table: Alignments Roadway Curve Table: Alignments I\ Lin x l Leg 5 Cs Radius a IC S E Pon,E. ai '1,. I I cs >zs < sm re. aE 96Es s , . . mresa oxoEsee sa .. x sn. zs O J 7 e » ,961V (7696 02 9590oEl (2656 65,952515,1 IIIII ==uEnREr EY MAP \_I 950 .45 sEe owvn I... Jr,T R J —e- 49. Hsu - I — T I — — —r 7 I o 9xs —} 4925 te as thi Ir 3^ -- . . . . e3 L'V. s Po ,e ,a ,e .a ., as .a eo ,e Ea ,e .a e eo a en Ea as Ea ,a Ea .a xa sn Ea ea E, co E, ,e z, .a E, ea E, OD EE ao n Ea E, .o 22.60 E, a z, ao v Ea ., ra E3.eo 11 " s. 4419123 Pages: 27 of 50 07/30/2018 04:38 PM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County, CO �IIIIMl��I��Yi1�IrGI�LSh��IL�'.Pa��yK�4if Bill d.laJConsulting, too. Line Table: Alignments Roadway Curare Table Alignments Line A' Length Direction Star, Poln( E. Point Curve re R tll s LengN CM1otl08en on Slot Point End PointL., y 5yx 7563 v. so 5796 x (7.6679567.02, (79566,9525.6„ 6, 24 ,IS. E 16.0039. . ,mzo m m 000, 119800,,,,w m) (79800.9m„e, r-3 I.. es. szz 30mE X 9303 8636, 7680039A 92.70T9. 5 7672.x571 I69.2] 76) (760609.9069 67) p 6 96 5 s 5x4. WOO? ( .821 m29 }s9o�96) y/ F • III\II , Panorama Estates Panorama Circle Plan 5 Praia Star 22+80 to 29+40 / III NEYMAP OF / � — ��— Panorama Estates, LLC ` �zi R�wF Qom^ f 3� .. �" . ten^�'�u �� " ., OP E SPACE L 3a �w` . { 2....._._../ ,.r. o40 , Ti 1 I non I- i7 .935 n �— '.. �3 / w7 06,>w5 �w l Mme 7 ----- f �u am A. / — 1 - .937 I r. .25 u P iR ii 'R Sneed 12 . z3 w 3 . ry 0o z. z0 z.to z. so :. 60 rzs co rzs .0 zs m z6 . z6 z0 z6 .0 . m n 00 n . xz so ] . ze o ze .0 at s0 z9 m . m n .0 6 7 m m em 4419123 Pages: 28 of 50 07/30/2018 04:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII 1��11��e'Q K�L' rL I aI��I l�«� � Ali' Ki tiW�h 11111 _ � __J �.vs � 19 s \ ro off; I ...... Panorama Estates Panorama Girde Plan 8 ProOle Slat 29 rat] io a5+20 W -en D5;_�'� a' -,�,�ae\` Cdr zz�_I3��IG'rr Line Table: Alignments Roadway Curve Table: Alignments I I I\ I II W R q 0 I Line. Lag99 kntectIon I Start,. Eno Poin, Curve Radius Leug. 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GC� IIII II M 144Vitinit 14 11111 • rs 1 J Panorama Estates Waled.. Plan d P,olib staAnt001a 34+60 �i S_ yCf.�� w c FANO,� MA CI LE � —�� Panorama Estates, LLC Lot U. Table Leo. 9.999 Slut laa. it G .—r�® -- • so .s t + I t, �mosmImwE _' — sew ' £Y' i t.— rt., —, .,w =Aowzm rzi am w..q rc • o, ` 1,,,so,„`_w�„o wv n4a, wn Pa+.am .92 I GE n iio 99 �w,• -sr,'0'42.1f, , i sr ,s ss ,Os u _ a8° am pdpi - ,8 ;, .e ^R :8 cR s R 8 She. cos 23 . „ „ „ ,e ,a „ .o „ ,o „ „ ro00 ,a m w 50 ,o en .,00 n ,r .e „ so ,r „ „ „ ,o „ .a „ „ <o v oo » . ll .o v .o „ ,o ,... ,. ,, w „ 0 4419123 Pages: 39 of 50 07/30/2018 ..0'■014:36 PM Rt Fee:$0.00 $0'.101`0Carly Koppes, Clerk and Recorder, Weld County, CO ,,' ' ■f I' 1111 III rdli�I�Ifi131,N 1. 11 � 01. ■ i'Lith Ill • / LO ;; ao "rt sx/ 9 / iT lees › LOT3.- _ . - _ aE.. �l .413 ,.... 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Enl Pont 92 ,42 v�sw sqR w _��sieaz 49 9347 E m n .11 Panorama Estates, LLC Lljg Sheet. 26 as 4419123 Pages: 42 of 50 07/30/2018 04:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO c r��ri �wk IM ii "Ill 4419123 Pages: 43 of 50 07/30/2018 04:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII NIIr jI 'PIVI all% WeilliVill IIIIIIMIiiiii ii II : C ns3 F �7 oa...w � .,.�: a..�m ,e.,. �..—.. wa Fxr:. �.,�. a... _7_� .«o .,m.a rti�r..w �., �_ mw n enxn',�' i'„ �, TRENCH sE��® .,. li 0 . �,,i✓ Panorama Estates Wafer Line DelaOs TRENCH WIDTH =a% 2 ty,wmc m-m.eow m asars w. ra ns a snows , - -, -� Knx.w n: one 0-0-- ,.. a' ""'uvew. : o:: nw re:o;am.. a-. Vire nor e...:e:�.=.oena.. / YC <. R✓. - ..K11..:417;;.n..;; m.s... m •• .m ® m.w wawnw.rnee vi m.. waamursw u nx-rs wx nm....m ac �vm ry xcwm.e vm r.x rmacmrw s n m.wT.o uev �l vow w. L'''m Panorama Estates, LLC uam.rn Doren : a.,nox ev w.ne ert eC. r s%mewx #u .o°m'xmuax"`� mF��wa�riu ��n"` TYPICAL TRENCH SECTION TYPICAL CONCRETE THRUST BLOCK '• '�a�eEi PIPE PROTECTION BEARING SURFACE AND CONFIGURATION TRACER WIRE CONDUIT CROSSING s / ,_ �� ...... e1 a ry 1 M 1 'a V C er�m4u�t gun UNBALANCED CROSS COED CROSS y y , s w B: VT MO PLUGGED ,rc yR yyN ,\vu M (\ TEE vALve xamBEND No I I—L,�i®ice. t ,-.,.. � 1 . TEE Y BRANCH vFARCAt -`- r EE 0 aEyo: »A, ava..v.� .E�Nos cA A'REsnyArN°o, 3 NPo, L1 u amea e a a umnrm vuwr o r a amrmw. z w wr a v. ,e..sx et as .sartmEo aeux. rvxx n s[ snm c �muCs s[mts cu ssxx auc sm[s >cmv ~ '• _�,' ' t. ••^ CONCRETE THRUST BLOCK POLYETHYLENE WRAP FOR PIPE RESTAINT TABLE DETAIL FOR BALANCED FITTINGS DUCTILE IRON PIPE AND FITTINGS x,.2"'8 3< 4419123 Pages: 44 of 50 07/30/2018 04:35 PM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 lOrdiar P ulNglife l'h1 L 'M El'iliu KAh li II VALVE DETAIL wri 4 WA Panorama Estates, LLC 29 3, 4419123 2018 04:36 Carly Koppes, Clerk 030PM R Fee $0,00 PAW d Recorder, 1111 14151001115 H A A 0 AAA Panorama Estates, LLC serer. 30 tt u 4419123 Pages: 46 of 50 07/30/2018 04:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IV Vain fir 1 r "III :(EY A1.4P CULVERT 3 P-sa+czsn �a =iino 9 39 09 06 �ss CULVERT 4 95 .69 4955 49. ��rs!ixc cP-WE os s � , x...ssoso aX Fm - II, Sr. _a 950 4945 Panorama Estates U a Sheet 31 s. 4419123 2018 04:36 es: 47 of PM R Fee $0 0 0730 00 Carly Koppes, Clerk and M�f r N�i� I�hNkW ��iltiY h �� III CULVERT 5 PANORA A CIRCLE CULVERT E � ng a 5 Panorama Estates E a 32. 4419123 0 2018 04 : 36g es: 48 of 50 073PM R Fee:$0.00 , 00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 MF.47,11 NNA IA1 III A KEY_ {AG PANORAMA C1LE sCV CULVERT 7 9 925 CULVERT 90 4040 925 SPILLWAY 925 22,94. 292.E . .e7a snee . 9. 4905 tal ° =3 °e U 5 Panorama Estates Shen up 33 . 4419123 Pages: 49 of 50 07/30/2018 04:38 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO liii MO' II III PANORAMA CIRCLE UML AOa� 1 wu our etc' tI • 5 C T S ;N WCR 17 • _, V.- CM WM rE I.sro • E /ERSE PAN _-AIMr_ :rr'S a MLY 1 t--1 {{ I 1 •PANORAMA ESTATES ENTRANCE SIGN • :.CI •M\ • .. •AS SAN.: SIB! _ • O 19123 07/30/2018 �� 5 of 50 04 : 36PM R0ee $0.00 Carly Koppes, Clerk and Recorder. Weld County, CO III rinNii.Winikisill:11,0911M1 4;11/2144 11111 4233841 09/02/2016 03:11 PM Total Pages 1 Rec Fee $11.00 Carly Koppes - Clerk and Recorder. Weld County. CO STATEMENT OF AUTHORITY I This Statement of Authority relates to an entire'' named Panorama Estates. LLC. a Colorado limited liability company and is executed on behalf 01 the entity pursuant to the provisions of Section 38 -;f1 -1 72, C R.S. 2 The type of entity- is a. ❑ Corporation ❑ Nonprolit Corporation I21 I muted Liability Company ❑ General Partnership ❑ Limited Partnership ❑ Registered Limited Liability Partnership ❑ Registered Limited Liability Limited Partnership ❑ Limited Partnership Association ❑ Government or Governmental Subdivision ur Agency ❑ Trust 3 The entity is formed under the laws of State of Colorado 4. The mailing address for the entity is 90?5 Weld County Rd 111, Fort Lupton. C:O 80621 5 The lz1 name CO position of each person authorized to execute instruments conveying, encumbering. or otherwise affecting title to real property on behalf of the entity is Water Supply LLC, a Colorado limited liability company, as Member • I he authority of the foregoing person (s1 to hind the entity is O nut limited O limited • Other tnatters concerning the manner in which the entity deals with interests in real pioperty Executed this BU Yf:R: Panorama Estates, 1.►.C. a Colorado hmiitcl liability company By: Water Simply LLC. a Colorado limited liability. company Its: Ivlemher Chris ZaileI. \1aiia er V ot Tommy D. R •c, Manager STATF OF COLORADO COL'sTY 1)F 8L►1�G Date 1ss: The foregoing instrument was acknowledged before me this Ski day, of August, 20I ti by Chris Zadel and Tommy D. Raye as Managers of Water Supply LLC a Colorado limited liability company. Member of Panorama Estates, IAA . a l nliiradn limited liability company Witness my hand and v1y Commission expir REBECCA RINGMAN NOTARY PUBLIC SS MARY IDC9984 8968 ORADO fieial y 018 MY C0MMl=B10N �XPIR JUN itary Pub 'this lorin ,build not he used sinless the sntm is .apatite of holding bile iv real pr.rpen, '(lar abxnce of an!• brnnabon shall be prima tack: evidence ihui n:, such limitation mints h r $taternt,il of auiAouts must ho rccordcd in ohiam the henefii' .si ihr -i:nute ti!till S1 Ili Slnirnrrni of %uwhoriis file No. V0552918 SO' LOCI May 23, 2018 Northern Colorado Constructors, Inc 9075 Weld County Road 10 Fort Lupton, Colorado 80621 Attn: Mr. Chris Zadel Re: Geotechnical Subsurface Exploration and Pavement Design Report Panorama Estates Pavements (Panorama Circle) Weld County, Colorado Soilogic Project # 13-1098 Mr. Zadel: Soilogic, Inc. (Soilogic) personnel have completed the geotechnical subsurface exploration and pavement section design you requested for Panorama Circle located within the Panorama Estates Subdivision in Weld County, Colorado. The results of our subsurface exploration and pertinent geotechnical engineering recommendations are included with this report. The purpose of our exploration was to describe the subsurface conditions encountered in the completed site borings and develop the test data necessary to provide pavement section design recommendations for construction of Panorama Circle. The conclusions and recommendations outlined in this report are based on results of the completed field and laboratory testing and our experience with subsurface conditions in this area. The Panorama Estates subdivision includes a total of 26 estate -sized residential lots located northwest of the intersection of County Roads 17 and 22 in Weld County, Colorado. At the time of our site exploration, Panorama Circle which will provide access to the lots had been cut to approximate finish grade. FIELD EXPLORATION To develop subsurface information for use in pavement design, four (4) soil borings were extended to a depth of approximately 10 feet below finish roadway subgrade elevation along the roadway alignment in accordance with Weld County design standards. The Soilogic, Inc. 3522 Draft Horse Court • Loveland, CO 80538 • (970) 535-6144 P.O. Box 1121 • Hayden, CO 81639 • (970) 276-2087 Geotechnical Subsurface Exploration and Pavement Design Report Panorama Estates Pavements Weld County, Colorado Soilogic # 13-1098 2 boring locations were established in the field by Soilogic personnel by pacing and estimating angles and distances from identifiable site references. The boring locations should be considered accurate only to the degree implied by the methods used to make the field measurements. A diagram indicating the approximate boring locations is included with this report. Graphic logs of each of the auger borings are also included. The test holes were advanced using 4 -inch diameter continuous -flight auger powered by a truck -mounted CME-45 drill rig. Samples of the subsurface materials were obtained at regular intervals using California barrel sampling procedures in general accordance with ASTM specification D-1586. As part of the D-1586 sampling procedure, standard sampling barrels are driven into the substrata using a 140 -pound hammer falling a distance of 30 inches. The number of blows required to advance the samplers a distance of 12 inches is recorded and helpful in estimating the consistency or relative density of the soils encountered. In the California barrel sampling procedure, lesser disturbed samples are obtained in removable brass liners. Samples of the subsurface materials obtained in the field were sealed and returned to the laboratory for further evaluation, classification and testing. LABORATORY TESTING The samples collected were tested in the laboratory to measure natural moisture content and visually and/or manually classified in accordance with the Unified Soil Classification System (USCS). The USCS group symbols are indicated on the attached boring logs. An outline of the USCS classification system is included with this report. As part of the laboratory testing, a calibrated hand penetrometer (CHP) was used to estimate the unconfined compressive strength of essentially cohesive specimens. The CHP also provides a more reliable estimate of soil consistency than tactual observation alone. Dry density, Atterberg limits, -200 wash and swell/consolidation tests were completed on selected samples to help establish specific soil characteristics. Atterberg limits tests are used to determine soil plasticity. The percent passing the #200 size sieve (-200 wash test) is used to determine the percentage of fine grained materials (clay and silt) in a sample. Swell/consolidation tests are performed to evaluate soil volume change potential with variation in moisture content. Swell/consolidation tests completed on Geotechnical Subsurface Exploration and Pavement Design Report Panorama Estates Pavements Weld County, Colorado Soilogic /# 13-1098 3 samples obtained at a depth of approximately 2 feet below ground surface were inundated with water at a 200 psf confining pressure while samples obtained at a depth of approximately 4 feet below ground surface were inundated at a 500 psf confining pressure. The results of the completed laboratory tests are outlined on the attached boring logs and swell/consolidation summary sheets. In addition, water soluble sulfates (WSS) tests were completed on two (2) selected soil samples to evaluate corrosive soil characteristics with respect to concrete pavement elements in contact with the subgrade soils and results discussed subsequently in this report. SUBSURFACE CONDITIONS The subsurface materials encountered in the completed site borings can be summarized as follows. Brown poorly -graded sand with silt was encountered at the surface at the boring locations. The sand varied from loose to medium dense in terms of relative density, exhibited no to low swell potential at in -situ moisture and density conditions and extended to the bottom of all borings at a depth of approximately 10 feet below present site grade. The stratigraphy indicated on the included boring logs represents the approximate location of changes in soil types. Actual changes may be more gradual than those indicated. Groundwater was not encountered in any of the completed site borings at the time of drilling. Groundwater levels will vary seasonally and over time based on weather conditions, site development, irrigation practices and other hydrologic conditions. Perched and/or trapped groundwater conditions may also be encountered at times throughout the year. Perched water is commonly encountered in soils overlying less permeable soil layers and/or bedrock. Trapped water is typically encountered within more permeable zones of layered soil and bedrock systems. The location and amount of perched/trapped water can also vary over time. Geotechnical Subsurface Exploration and Pavement Design Report Panorama Estates Pavements Weld County, Colorado Soilogic # 13-1098 4 ANALYSIS AND RECOMMENDATIONS Roadway Subgrade Development The silty sand subgrade soils encountered in the completed site borings exhibited no to low swell potential at in -situ moisture and density conditions, and in our opinion, could be used for direct support of the roadway pavements. Immediately prior to paving, we recommend the exposed subgrade soils be scarified to a depth of 9 inches, adjusted in moisture content and compacted to at least 95% of the materials standard Proctor maximum dry density. The moisture content of the scarified subgrade soils should be adjusted to be within the range of +2% of standard Proctor optimum moisture content at the time of compaction. If fly ash stabilization of the pavement subgrade soils will be completed, reconditioning of the subgrade soils prior to fly ash treatment would not be required. Care should be taken to avoid disturbing the developed subgrade soils prior to paving. In addition, efforts to maintain the proper moisture content in the subgrade soils should be made. If subgrade soils are disturbed by the construction activities or allowed to dry out or become elevated in moisture content, those materials should be reworked in place or removed and replaced prior to surfacing. Proof -rolling of the roadway subgrade soils should be completed prior to paving to help identify any areas of loose/unstable soils. Those areas identified as unstable would need to be mended prior to paving. Isolated areas of instability can be mended on a case by case basis. If more extensive areas of subgrade instability are encountered and depending on the time of year when construction occurs and other hydrologic conditions, overall stabilization of the subgrade soils may become necessary to develop a suitable paving platform. Based on the materials encountered in the completed site borings and results of laboratory testing, it is our opinion fly ash stabilization of the pavement subgrades could be completed to develop a suitable paving platform. Fly ash stabilization can eliminate some of the uncertainty associated with attempting to pave during periods of inclement weather. Geotechnical Subsurface Exploration and Pavement Design Report Panorama Estates Pavements Weld County, Colorado Soilogic # 13-1098 5 If fly ash stabilization will be completed, we recommend the addition of 12% class `C' fly ash based on component dry unit weights. A 12 -inch thick stabilized zone should be constructed by thoroughly blending the fly ash with the in -place subgrade soils. Some "fluffing" of the finish subgrade level should be expected with the stabilization procedures. The blended materials should be adjusted to within ±2% of standard Proctor optimum moisture content and compacted to at least 95% of the material's standard Proctor maximum dry density within two (2) hours of fly ash addition. Pavement Design Site pavement could be supported directly on stable reconditioned subgrade soils or fly ash treated subgrade soils developed as outlined above. The pavement subgrade soils are expected to consist of reconditioned silty sand. These soils classify as A -1-a soils in accordance with The American Association of State Highway and Transportation Officials (AASHTO) classification system and would be expected to exhibit moderate remolded shear strength. An R -value of 40 was estimated for the silty sand subgrade soils and used in design. Design ESAL's, serviceability loss and reliability were obtained from current Weld County design standards for local residential roadways. Outlined below in Table I. are proposed pavement section designs for the subject roadway. Alternative pavement sections could be considered and we would be happy to discuss any design alternatives at your request. Pavement design calculations are also included with this report. Geotechnical Subsurface Exploration and Pavement Design Report Panorama Estates Pavements Weld County, Colorado Soilogic # 13-1098 6 TABLE 1 — PAVEMENT SECTION DESIGN Roadway Classification ESAL's Reliability % Loss Resilient Modulus (Mr) Design Structural Number Panorama Circle Local Residential 36,500 80% 2.5% 9,497 (1.62) Option A — Composite Surface Asphalt (Grading S or SX) Aggregate Base (Class 6) (Structural Number) *4" (0.44/inch) *6" (0.12/inch) (2.48) Option B — Composite on Fly Ash Surface Asphalt (Grading S or SX) Aggregate Base (Class 6) Fly Ash Treated Subgrade (Structural Number) *4" (0.44/inch) *6" (0.1 I/inch) 12" (12 @ .05/inch) (3.08) * - Minimum Recommended Section Asphaltic concrete should consist of a bituminous plant mix composed of a mixture of aggregate, filler, binders and additives if required meeting the design requirements of Weld County. Aggregate used in the asphaltic concrete should meet specific gradation requirements such as Colorado Department of Transportation (CDOT) grading S (3/4 inch minus) or SX (1/2 inch minus) specifications. S or SX 75(58-28) hot mix asphalt could be considered for use on this project. Hot mix asphalt designed using "Superpave" criteria should be compacted to within 92 to 96% of the materials Maximum Theoretical Density. Aggregate base should be consistent with CDOT requirements for Class 5 or 6 aggregate base, placed in loose lifts not to exceed 9 inches thick, adjusted to within ±2% of the material's standard Proctor optimum moisture content and compacted to at least 95% of the materials standard Proctor maximum dry density. The proposed pavement section designs do not include an allowance for excessive loading conditions imposed by heavy construction vehicles or equipment. Heavily loaded concrete or other building material trucks and construction equipment can cause some localized distress to the roadway pavements. Geotechnical Subsurface Exploration and Pavement Design Report Panorama Estates Pavements Weld County, Colorado Soilogic # 13-1098 7 Corrosive Soil Characteristics We measured the soluble sulfate concentration of two (2) representative samples of the subsoils which could be in contact with concrete pavement elements. The sulfate concentrations measured in the samples fell within the range of 0 to 0.06 percent by weight in soil. ACI rates the measured concentrations as being a 'negligible' to risk of concrete sulfate attack; therefore Type [ cement should be suitable for concrete members in contact with the subgrade soils. Drainage Positive drainage is imperative for satisfactory long term performance of the roadway pavements. Water which is allowed to pond adjacent to site pavements can result in a loss of subgrade support and premature failure of the overlying pavement section. LIMITATIONS This report was prepared based upon the data obtained from the completed site exploration, laboratory testing, engineering analysis and any other information discussed. The completed borings provide an indication of subsurface conditions at the boring locations only. Variations in subsurface conditions can occur in relatively short distances away from the borings. This report does not reflect any variations which may occur across the site or away from the borings. If variations in the subsurface conditions anticipated become evident, the geotechnical engineer should be notified immediately so that further evaluation and supplemental recommendations can be provided. The scope of services for this project does not include either specifically or by implication any biological or environmental assessment of the site or identification or prevention of pollutants or hazardous materials or conditions. Other studies should be completed if concerns over the potential of such contamination or pollution exist. The geotechnical engineer should be retained to review the plans and specifications so that comments can be made regarding the interpretation and implementation of our geotechnical recommendations in the design and specifications. The geotechnical Geotechnical Subsurface Exploration and Pavement Design Report Panorama Estates Pavements Weld County, Colorado Soilogic # 13-1098 8 engineer should also be retained to provide testing and observation services during construction to help determine that the design requirements are fulfilled. This report has been prepared for the exclusive use of our client for specific application to the project discussed and has been prepared in accordance with the generally accepted standard of care for the profession. No warranties express or implied, are made. The conclusions and recommendations contained in this report should not be considered valid in the event that any changes in the nature, design or location of the project as outlined in this report are planned, unless those changes are reviewed and the conclusions of this report modified and verified in writing by the geotechnical engineer. We appreciate the opportunity to be of service to you on this project. If you have any questions concerning the enclosed information or if we can be of further assistance to you in any way, please do not hesitate to contact us. Very Truly Yours, Soilogic, Inc. Wolf von Carlowitz, P.E. Principal Engineer Reviewed by: Darrel DiCarlo, P.E. 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L. i for ai ' r'ai 48 nor $s \ ' for M '\ ' / >�. 1.40.• , N , I141212. • 56 i,�rr a \ S.. ; ,! i Iiir. :• 3 . . r ;. ae s gar a s man i a saai sass a wawa r rr ammo a•Va� a lin ��tvxs kw. PAM�14. >— s rte ma a• • a a srso aka. L 'L'i' . 24 mem OEM A.,y.1 c i AMU, et KO=v alt r ftAtlar -ifwi r PAN WELD RAMA C❑UNTY, ESTATES COLORADO PAVEMENTS PANORAMA ESTATES PAVEMENTS WELD COUNTY, COLORADO Project # 13-1098 LOG OF BORING B-1 May 2018 t ` 5O Sheet 1/1 Drilling Rig: CME 45 Water Depth Information Start Date 5/11/2018 Auger Type: 4" CFA During Drilling None Finish Date 5/11/2018 Hammer Type Automatic After Drilling None Surface Elev - Field Personnel: ZG/BM 24 Hours After Drilling co j SOIL DESCRIPTION Depth m i. E w "N" MC DD Estimated q % Swell @ Swell Pressure Atterberg Limits % Passing # 200 Sieve (ft) (%) (pcf) (Psf) 500 psf (psf) LL PI (%) 1 2 SP-SM POORLY GRADED SAND WITH SILT - brown loose to medium dense 3 CS 20 3.5 117.4 9000+ 0.1% @ 200 300 4 5 CS 11 2.8 110.9 9000+ None <500 6 7 8 9 10 cs 12 10.2 9000+ BOTTOM OF BORING a 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 • 24 25 PANORAMA ESTATES PAVEMENTS WELD COUNTY, COLORADO Project # 13-1099 May 2018 LOG OF BORING 8-2 SD likillielC Sheet 1/1 ®Drilling Rig: CME 45 Water Depth Information Start Date 5/11/2018 Auger Type: 4" CFA During Drilling None Finish Date 5/11/2018 Hammer Type: Automatic After Drilling None Surface Elev. Field Personnel: ZG/BM 24 Hours After Drilling co i Estimated Swell % Passing SOIL DESCRIPTION Depth E "N" MC DD q„ % Swell @ Pressure Atterberg Limits # 200 Sieve (ft) rn (%) (pcf) (psf) 500 psf (psf) LL PI (%) 1 2 SP-SM POORLY GRADED SAND WITH SILT - brown 3 CS 10 10,0 119.2 9000+ 0.1% fit 200 400 loose - 4 5 CS 7 3.1 104.7 9000+ NL NP 10.2% 6 7 9 9 10 CS 13 2.7 9000+ . _ BOTTOM OF BORING t 10' - 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 PANORAMA ESTATES PAVEMENTS WELD COUNTY, COLORADO Project* 13-1098 May 2018 LOG OF BORING B-3 SO T LOGIC Sheet 1/1 Drilling Rig: CME 45 Water Depth Information Start Date 5/11/2018 Auger Type: 4" CFA During Drilling None Finish Date 5/11/2018 Hammer Type: Automatic After Drilling None Surface Elev. - Field Personnel: ZG/BM 24 Hours After Drilling CA m Estimated Swell % Passing N SOIL DESCRIPTION Depth A "N" MC DO q„ % Swell @Pressure Atterberg Limits # 200 Sieve m (ft) rn (%) (pcf) (psf) 500 psf (psf) LL PI CM 1 2 SP-SM POORLY GRADED SAND WITH SILT - brown loose 3 CS 8 4.4 104.7 9000+ None @ 200 <200 4 5 CS 7 4.9 107.0 9000+ - 6 7 6 9 10 CS 11 18.0 111.6 9000+ BOTTOM OF BORING a 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PANORAMA ESTATES PAVEMENTS WELD COUNTY, COLORADO Project # 13-1098 May 2018 Pi2 LOG OF BORING B-4 t 6.925 Sheet 1/1 "Drilling Rig: CME 45 Water Depth Information Start Date 5111/2018 Auger Type: 4" CFA During Drilling None Finish Date 5/1112018 Hammer Type: Automatic Alter Drilling None Surface Elev, - Field Personnel: ZG/BM 24 Hours After Drilling - y ® Estimated Swell % Passing H SOIL DESCRIPTION Depth E "N" MC DD q % Swell @ Pressure Atterberg Limits # 200 Sieve (ft) N (%) (Pcf) (psf) 500 psf (psf) LL PI (%) 1 2 SP-SM POORLY GRADED SAND WITH SILT brown loose to medium dense 3 CS 14 3.2 101.8 9000+ None @ 200 <200 4 5 CS 10 2.2 105.4 9000+ 6 7 8 9 10 CS 15 21.7 101.7 9000+ BOTTOM OF BORING @ 10' - 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PANORAMA ESTATES PAVEMENTS WELD COUNTY, COLORADO Project # 13-1098 May 2018 SWELUC0NS0LIDATI0N TEST SUMMARY Sample ID: B-1 @ 2 Sample Description: Brown Poorly Graded Sand with Silt (SP-SM) Initial Moisture 3.5% i Liquid Limit Final Moisture 14.4% Plasticity Index % Swell @ 200 psf 0.1% % Passing #200 Swell Pressure (psf) 250 Dry Density (pcf) 117.4 PANORAMA ESTATES PAVEMENTS WELD COUNTY, COLORADO Project # 13-1098 May 2018 SWELUCONSOLIDATION TEST SUMMARY Sample ID: B-1 @ 4 Sample Description: Brown Poorly Graded Sand with Silt (SP-SM) (Swell Only) Initial Moisture 2.6% Final Moisture 17.5% % Swell @ 500 psf None Swell Pressure (psf) <500 Liquid Limit Plasticity Index % Passing #200 Dry Density (pcf) 110.9 PANORAMA ESTATES PAVEMENTS WELD COUNTY, COLORADO Project # 13-1098 May 2018 SWELL/CONSOLIDATION TEST SUMMARY Sample ID: B-2 @ 2 Sample Description: Brown Poorly Graded Sand with Silt (SP-SM) Initial Moisture 10.0% Liquid Limit Final Moisture 13.3% I[ Plasticity Index % Swell (cry 200 psf 0.1% i % Passing #200 Swell Pressure (psf) 350 Dry Density (pct) 119.2 PANORAMA ESTATES PAVEMENTS WELD COUNTY, COLORADO Project # 13-1098 May 2018 SWELL/CONSOLIDATION TEST SUMMARY Sample ID: B-3 @ 2 Sample Description: Brown Poorly Graded Sand with Silt (SP-SM) (Swell Only) Initial Moisture 4.4% Liquid Limit Final Moisture 20.5% Plasticity Index % Swell @ 200 psf None % Passing #200 Swell Pressure (psf) <200 Dry Density (pcf) 104.7 PANORAMA ESTATES PAVEMENTS WELD COUNTY, COLORADO Project # 13-1098 May 2018 SWELUC0NS0LIDATI0N TEST SUMMARY Sample ID: B-4 @ 2 Sample Description: Brown Poorly Graded Sand with Sift (SP-SM) (Swell Only) Initial Moisture 3.2% Final Moisture 20.1% % Swell @ 200 psf None Swell Pressure (psf) <200 Liquid Limit Plasticity Index % Passing #200 Dry Density (pcf) 101.8 Pavement Design (AASHTO 1993 Method) Design Inputs CBR, Calculated Mr Sugrade Support Used Reliability (%) = Standard Deviation Initial Serviceability = Terminal Serviceability = Design Serviceability Loss, = Asphalt Layer Coefficients Concrete Compressive Strength Modulus of Elasticity of Concrete Modulus of Rupture of Concrete: Load Transfer ("J" Factor) Drainage Coefficient Pavement Thickness Designs din 3.0 Traffic Category - Flexible Pavement Asphalt Section Traffic (18 kip ESAL) = Flexible Pavement Section AC Surface + Binder Asphalt Base Aggregate Base Subbase Drainage, m 1.0 1.0 Mr = Mr = So = Po = Pt = \PSI = _ a2 = a2 = a3 = Structural Number Required Rigid Pavement Section Traffic Category - Rigid Pavement Concrete Section Traffic (18 kip ESAL) = Concrete Thickness, DPcc Asphalt 5161 9497 75 0.45 4.5 2.0 2.5 0.44 0.30 0.12 0.08 Tucker 36,500 D; 4.0 6.0 0.0 2.48 I 1.62 1 psi psi in in in in Typical Minor Road 160,000 Concrete 110 250 75 0.35 4.5 2.5 2.0 pci pci AC Surface and Binder AC Base Aggregate Base Subbase 4000 3,605 580 3.8 1.0 Calculated ESALs = psi ksi psi See Table 1 See Table 2 11,868 Solve for SN required i Calculated ESALs = 295,382 Solve for DPCC i Click button to solve for slab let UNIFIED SOIL CLASSIFICATION Criteria for Assigning Group Symbols and Group Names Using SYSTEM Laboratory Tests" Soil Classification Group Symbol Group Namee Coarse Grained Soils Gravels Clean Gravels More than 50 % retained More than 50% of coarse Less than 5% fines" fraction retained on Cu a 4 and 1 s Cc, 3E GW Well graded gravels Cu < 4 and/or I > Cc > 3E GP Poorly graded gravel` on No. 200 sieve No. 4 sieve Gravels with Fines More than 12% fines` Fines classify as ML or MH GM Silty gravel"° " Fines classify as CL or CH GC Clayey graver >" Sands Clean Sands 50% or more of coarse Less than 5% fines° fraction passes Cu z 6 and 1 s Cc s 3E SW Well graded sand' Cu < 6 and/or 1 > Cc > 3' SP Poorly graded sand' No. 4 sieve Sands with Fines More than 12% fines° Fines classify as ML or MH SM Silty sand'"' Fines classify as CL or CH SC Clayey sand"' Fine -Grained Soils Silts and Clays Inorganic 50% or more passes the Liquid limit less than 50 No. 200 sieve PI > 7 and plots on or above "A" line' CL Lean clay"`M PI < 4 or plots below "A" line` ML Silt" Organic Liquid limit - oven <075 OL Organicclay"`"" " dried Liquid limit - not Organic silt' dried Silts and Clays Inorganic Liquid limit 50 or more PI plots on or above "A' line CH Fat clay"'`"" PI plots below "A" line MH Elastic silt" Organic Liquid limit - oven dried Organic clay"`'"`' 0.75 OH < Liquid limit - not dried Organic silt"`>'> Highly organic soils Primarily organic matter, dark in color, and organic odor PT Peat "Based on the material passing the 3 -in. (75 -mm) sieve 9 I field sample contained cobbles or boulders, or both, add "with cobbles or boulders, or both" to group name. °Gravels with 5 to 12% fines require dual symbols: GW-GM well graded gravel with silt, GW-GC well graded gravel with clay, GP -GM poorly graded gravel with silt, GP -GC poorly graded gravel with clay. °Sands with 5 to 12% fines require dual symbols: SW-SM well graded sand with silt, SW -SC well graded sand with clay, SP-SM poorly graded sand with silt, SP SC poorly graded sand with clay ECU = Dso/D10 Cc = — p DIG X Dso F If soil contains a 15% sand, add "with sand" to group name. °lf fines classify as CL -ML, use dual symbol GC -GM, or SC-SM. 60 For classification of fine-grained soils and fine-grained fraction 50 of coarse -grained soils Equation of "A" - line a Horizontal at PI=4 to LL=25.5. X 40 then PI=0.73 (LL -201 Lu p Equation of "U" - line ? Vertical at LL=16 to PI=7, H 30 then PI=0.9 (LL -8) U Off' .°' P. �° rn 20 �, - _ .., 10 r` "If fines are organic, add "with organic fines" to group name. ' If soil contains a 15% gravel, add "with gravel" to group name. ' If Atterberg limits plot in shaded area, soil is a CL -ML, silty clay. "If soil contains 15 to 29% plus No. 200, add "with sand" or 'with gravel," whichever is predominant. If soil contains a 30% plus No. 200 predominantly sand, add "sandy" to group name. p y M If soil contains s 30% plus No. 200, predominantly gravel, add "gravelly" to group name. "PI a 4 and plots on or above "A" line. °PI < 4 or plots below "A" line. P PI plots on or above "A" line. °Pl plots below "A" line. �ra, re' $ , v - O °l G MH or OH 60 70 60 90 100 110 LIMIT (LL) ML or OL 0 0 10 16 20 30 40 50 LIQUID GENERAL NOTES DRILLING & SAMPUNG SYMBOLS: SS: Split Spoon - 1'/e" I.D., 2" O.D., unless otherwise noted ST: Thin -Walled Tube — 2.5" O.D., unless otherwise noted RS: Ring Sampler - 2.42" I.D., 3" O.D., unless otherwise noted CS: California Barrel - 1.92" I.D., 2.5" O.D., unless otherwise noted BS: Bulk Sample or Auger Sample HS: PA: HA: RB: WB: Hollow Stem Auger Power Auger Hand Auger Rock Bit Wash Boring or Mud Rotary The number of blows required to advance a standard 2 -inch O.D. split -spoon sampler (SS) the last 12 inches of the total 18 -inch penetration with a 140 -pound hammer falling 30 inches is considered the "Standard Penetration" or "N -value". For 2.5" O.D. California Barrel samplers (CB) the penetration value is reported as the number of blows required to advance the sampler 12 inches using a 140 -pound hammer falling 30 inches, reported as "blows per inch," and is not considered equivalent to the "Standard Penetration" or "N -value". WATER LEVEL MEASUREMENT SYMBOLS: WL: Water Level WCI: Wet Cave in DCI: Dry Cave in AB: After Boring WS: WD: BCR: ACR: While Sampling While Drilling Before Casing Removal After Casing Removal Water levels indicated on the boring logs are the levels measured in the borings at the times indicated. Groundwater levels at other times and other locations across the site could vary. In pervious soils, the indicated levels may reflect the location of groundwater. In low permeability soils, the accurate determination of groundwater levels may not be possible with only short-term observations. DESCRIPTIVE SOIL CLASSIFICATION: Soil classification is based on the Unified Classification System. Coarse Grained Soils have more than 50% of their dry weight retained on a #200 sieve; their principal descriptors are: boulders, cobbles, gravel or sand. Fine Grained Soils have less than 50% of their dry weight retained on a #200 sieve; they are principally described as clays if they are plastic, and silts if they are slightly plastic or non -plastic. Major constituents may be added as modifiers and minor constituents may be added according to the relative proportions based on grain size. In addition to gradation, coarse -grained soils are defined on the basis of their in -place relative density and fine-grained soils on the basis of their consistency. FINE-GRAINED SOILS COARSE -GRAINED SOILS BEDROCK 1RUS L1 & LI L1 Blows/Ft. Blows/Ft. Consistency Blows/Ft. Blows/Ft <3 0-2 Very Soft 0-5 <3 3-5 3-4 Soft 6-14 4-9 6-10 5-8 Medium Stiff 15-46 10-29 11-18 9-15 Stiff 47-79 30-50 19-36 16-30 Very Stiff > 79 > 50 > 36 > 30 Hard RELATIVE PROPORTIONS OF SAND AND GRAVEL Descriptive Terms of Percent of Other Constituents Dry Weight Trace < 15 With 15 - 29 Modifier > 30 RELATIVE PROPORTIONS OF FINES Descriptive Terms of Other Constituents Trace With Modifiers Percent of Dry Weight <5 5-12 >12 Relative Densi Very Loose Loose Medium Dense Dense Very Dense ig61 LSD. Blows/Ft. Blows/Ft. Consistenc < 24 < 20 Weathered 24-35 20-29 Firm 36-60 30-49 Medium Hard 61-96 50-79 Hard > 96 > 79 Very Hard GRAIN SIZE TERMINOLOGY Major Component of Sample Boulders Cobbles Gravel Sand Silt or Clay Particle Size Over 12 in. (300mm) 12 in. to 3 in. (300mm to 75 mm) 3 in. to #4 sieve (75mm to 4.75 mm) #4 to #200 sieve (4.75mm to 0.075mm) Passing #200 Sieve (0.075mm) PLASTICITY DESCRIPTION Term Non -plastic Low Medium High Plasticity Index 0 1-10 11-30 30+ SO LOGIC CASE No: PLANNER: APPLICANT: PUD FINAL PLAT ADMINISTRATIVE REVIEW PU DF 18-0002 Chris Gathman Panorama Estates, LLC do Chris Zadel AUTHORIZED AGENT: Sheri Lockman, Lockman Land Consulting, LLC ADDRESS: 36509 County Road 41, Eaton, CO. 80615 REQUEST: PUD Final Plan Application for 26 Residential Lots with Estate Zone Uses along with 3.79 acres of Open Space and Three (3) Outlots. LEGAL DESCRIPTION: Lot B of Recorded Exemption RECX12-0025; being part of the N2SE4 of Section 8, T2N, R67W of the 6'h P.M., Weld County, Colorado LOCATION: ACRES: West of and adjacent to County Road 17 and approximately 1,250 feet north of County Road 22. +1- 68.39 Acres PARCEL #: 131108400008 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 application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27 -7 -40.C.1 --That the proposal is consistent with Chapters 19, 22 ,23 ,24 and 26 of the Weld County Code and any intergovernmental agreement in effect influencing the PUD. Section 22-2-120.A. - R. Goal 1 states, "Ensure that adequate services and facilities are currently available or reasonably obtainable to serve the residential development or district." The application has satisfied Chapter 27 of the Weld County Code in regard to sewer service. Sewer will be provided by individual on -site wastewater treatment systems (OWTS). The application has satisfied Chapter 27 of the Weld County Code in regard to water service. The Assistant Weld County Attorney has approved the water source of Central Weld County Water District in an e-mail dated November 8, 2016. Section 22-2-120 C. - R. Goal 3 states, "Consider the compatibility with surrounding land uses, natural site features, nearby municipalities' comprehensive plans and general residential growth trends when evaluating new residential development proposals." And Section 22-2-301. - A. Goal 9 states, "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." Panorama Estates PUD, PUDF18-0002, 1 The PUD is twenty-six (26) residential lots with E (Estate) zone district uses. This PUD is considered urban scale and is located within the Cooperative Planning Area (CPA) for the Town of Frederick. B. Section 27 -7 -40.C.2 --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, Chapter 27 of the Weld County Code. All other performance standards have been addressed prior to the Final Plan application submittal. The applicant has chosen to adhere to the bulk requirements of the E(Estate) Zone District for the residential lots with the exception that some of the lots in the PUD are below the minimum lot size requirement of 2.5 acres. C. Section 27-7-40.C.3 --That the uses which would be permitted will 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 PUD is located within the three-mile referral areas of the Town of Frederick and the Town of Firestone. The Town of Frederick, in their referral dated 2/26/2018, indicated no conflict with their interests. No referral agency comments have been received from the Town of Firestone. D. Section 27-7-40.C.4 --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, Chapter 27 of the Weld County Code. The residential lots will be served by the Central Weld County Water District. The water source has been approved by the Assistant County Attorney in an e-mail dated November 8, 2016. E. Section 27-7-40.C.5 -- 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. The main PUD access is off of County Road 17. County Road 17 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. An access permit has been approved for the site (AP16-00402). F. Section 27-7-40.C.6 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 Chapters 22, 24 and 26, if applicable. An Improvements and Road Maintenance Agreement is required. Road maintenance including, but not limited to dust control and damage repair will be included. Offsite improvements may be required as a part of the agreement. G. Section 27-7-40.C.7 -- That 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 subject site. The site is not located within an overlay district. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. Panorama Estates PUD, PUDF18-0002, 2 H. Section 27 -7 -40.C.8 --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 proposed PUD Final Plan uses are compatible with the criteria listed in the development guide included in the application materials. 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 agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: A. An Improvements and Road Maintenance Agreement is required for on -site and off -site improvements associated with this project. Road maintenance including, but not limited to dust control and damage repair will be included. Off -site roadway improvements may be required as a part of the agreement. On -site improvements associated with the development will be included in the agreement. (Department of Public Works) B. Address the concerns of the Department of Public Works referral concerning the PUD design. (Department of Public Works) C. The Panorama Estates PUD covenants shall be amended to address the comments from the Weld County Assistant District Attorney as delineated in the e-mail dated 4/6/2018. The applicant shall submit one complete copy of the approved covenants for the Panorama Estates PUD. The applicant shall submit finalized copies and the appropriate fee ($13 for the first page and $5 for each additional page) (Department of Planning Services) The applicant shall submit to the Department of Planning Services Certificates from the Secretary of State showing the Panorama Estates PUD Homeowners Associations have been formed and registered with the state. (Department of Planning Services) E. The applicant shall attempt to address the requirements of Mountain View Fire Rescue as stated in their referral dated March 7, 2018. Written evidence of such shall be provided to the Department of Planning Services. (Mountain View Fire Rescue) F. The applicant shall attempt to address the comments of the Longmont Soil Conservation District as stated in their referral dated March 21, 2018. Written evidence of such shall be provided to the Department of Planning Services. (Longmont Soil Conservation District) The applicant shall submit written evidence to the Department of Planning Services that the requested impact and cash -in -lieu fees have been paid to the RE -1 School District. (Department of Planning Services) H. Evidence shall be provided that the proposed mailbox location meets the intent of the Americans with Disabilities Act (ADA) for access. The Department of Building Inspection shall review the proposed structure for compliance with all applicable codes as warranted. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Planning Services) Panorama Estates PUD, PUDF18-0002, 3 The applicant shall submit evidence that the requirements of the Central Weld County Water District as delineated in their letter dated 8/4/2016 have been addressed. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) J. The Plat shall be amended to include the following: 1. All sheets of the Final Plat shall be labeled PUDF18-0002, First Filing, if applicable. (Department of Planning Services) 2. The Final Plat shall be in compliance with Section 27-9-20 of the Weld County Code. (Department of Planning Services) 3. County Road 17 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate 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. (Department of Public Works) 4. Elm is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate 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. (Department of Public Works) 5. Show and label the approved access locations, and the appropriate turning radii (25') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 6. The Weld County's Right to Farm shall be placed on the plat, Appendix 22-E, as amended, of the Weld County Code. (Department of Planning Services) 7 Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 8. The applicant shall show and label the accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Public Works) 9. The applicant shall show the drainage flow arrows. (Department of Public Works) 10. The applicant shall delineate the locations of the accepted Post Office mailbox location. (Department of Planning Services) Panorama Estates PUD, PUDF18-0002, 4 K. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). (Department of Planning Services) 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. The Final Plat, Panorama Estates, for 26 Residential Lots with E (Estate) zone district uses and 4.25 acres of open space and three (3) outlots. The outlots are defined as: Outlot A (Entrance Sign and Community Mailboxes) and Outlots B & C (for access purposes). This is indicated in the application materials on file, and subject to, and governed by, the Conditions of Approval stated hereon and all applicable Weld County regulations. B. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) C. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) D. The Bulk Standards Requirement, as delineated in Section 23-3-440, for the E (Estate) Zone district, shall be adhered to with the exception of the lots that will not meet the 2.5 -acre minimum lot size requirement. (Department of Planning Services) E. Outlots B and C are designated for access purposes only. All accesses shall be granted at the discretion of the Homeowners Association. (Department of Planning Services) F. The Open Space and Outlots shall be deeded to and maintained by the Homeowner's Association. (Department of Planning Services) The Open Space lots are non -buildable for residential structures or structures providing habitable space. (Department of Planning Services) H. Water service shall be obtained from the Central Weld County Water District. (Department of Public Health and Environment) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by septic systems 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. (Department of Public Health and Environment) J. 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. (Department of Public Health and Environment) Panorama Estates PUD, PUDF18-0002, 5 K. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment, a Fugitive Dust Control Plan must be submitted. (Department of Public Health and Environment) L. In accordance with the Regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five (5) acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) M. If land development creates more than a 25 -acre contiguous disturbance, or exceeds six (6) months in duration, the responsible party shall prepare a Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and apply for a Permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) N. Weld County's Right to Farm Statement, as provided in Appendix 22-E of the Weld County Code, shall be recognized at all times. (Department of Planning Services) O. The property owner shall control noxious weeds on the site. (Department of Public Works) P. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Department of Public Works) Q. 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. (Department of Public Works) R. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) S. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) T. Weld County is not responsible for the maintenance on onsite subdivision roads. (Department of Public Works) U. All signs, including entrance signs, shall require building permits. Signs shall adhere to the approved Sign Plan. (Department of Public Works) V. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code and requirements of the service providers. (Department of Planning Services) No grading permits will be issued for this project without submission to, and approval by, the Weld County Department of Public Works for Erosion Control and Sediment Control Plans prepared, stamped, and signed by a professional engineer licensed to practice in Colorado. The applicant is notified that land disturbance on one portion of this site may require construction of temporary or permanent erosion control and sediment control Best Management Practices on other portions of the site. (Department of Building Inspection) X. Building permits shall be obtained prior to grading or the construction of any building or structure. Building permits are also required for signs and structures, such as bus shelters, if provided. (Department of Building Inspection) Panorama Estates PUD, PUDF18-0002, 6 Y. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Commercial building plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. Commercial building plans require a Code Analysis Data Sheet, provided by the Department of Building Inspection. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. (Department of Building Inspection) Z. New buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following has been adopted by Weld County: 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection. (Department of Building Inspection) AA. Each residential building will require an engineered foundation based on a Site -Specific Geotechnical Report or an "open hole" inspection conducted by a Colorado registered professional engineer. Engineered foundations shall be designed by a professional engineer registered in the State of Colorado. (Department of Building Inspection) AB. Fire resistance of walls and openings, construction requirements, maximum building height, and allowable areas will be reviewed at the Site Plan Review. Setback and offset distances shall be determined by the Weld County Code. (Department of Building Inspection) AC. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction, and to determine compliance with the Bulk requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code to determine compliance with offset and setback requirements. Offset and setback distances are measured from the farthest projection from the building, a minimum of ten feet for a front yard setback as requested by the applicant for side loaded and alley loaded single family residences. Property lines shall be clearly identified, and all property pins shall be staked prior to the first site inspection. (Department of Building Inspection) AD. The applicant shall supply evidence to the Department of Planning Services that all requirements of the Mountain View Fire Protection District have been met. . (Department of Building Inspection) AE. The property owner shall be responsible for complying with the Performance Standards of Chapter 27, Articles II and VIII, of the Weld County Code. (Department of Planning Services) AF. Weld County representatives from Departments of Public Works, Public Health and Environment, and Planning Services 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 Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) AG. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and Environment, and Planning Services, and adopted Weld County Code and policies. (Department of Planning Services) Panorama Estates PUD, PUDF18-0002, 7 AH. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) AI. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) AJ. Section 27-8-70 of the Weld County Code - Failure to Commence a Planned Unit Development Final Plan - If no construction has begun or no USE established in the PUD within one (1) year of the date of the approval of the PUD Final Plan, the Board of County Commissioners may require the landowner to appear before the 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 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 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. AK. Section 27-8-80.A of the Weld County Code - Failure to Comply with the PUD Final Plan - 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 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. AL. Section 27-8-80. B of the Weld County Code - Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30-28-101, et seq., CRS. AM. No development activity shall commence, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) 3. The Final plat map shall be submitted to the Department of Planning Services for recording within ninety (90) days of approval by the Board of County Commissioners. With the Final plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). 4. In accordance with Weld County Code Ordinance 2005-7, approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date of the Staff Recommendation, a $50.00 recording continuance charge may be added for each additional three (3) month period. 5. Upon completion of 1 and 2 above, the applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of the Weld County Code. Panorama Estates PUD, PUDF18-0002, 8 6. Per Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit Development Final Plan - If a Final Plan plat has not been recorded within one (1) year of the date of the approval of the PUD 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 Final Plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the PUD Final Plan. 7. Prior to Operation: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) Date: April 11, 2018 Chris Gathman — Planner III Panorama Estates PUD, PUDF18-0002, 9 RESOLUTION RE: GRANT CHANGE OF ZONE, PUDZ77-0002, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR 26 RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES ALONG WITH 3.79 ACRES OF OPEN SPACE AND THREE (3) OUTLOTS - PANORAMA ESTATES, LLC 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 19th day of July, 2017, at 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of Panorama Estates, LLC, 9075 CR 10, Fort Lupton, CO 80621, requesting a Change of Zone, PUDZ17-0002, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 26 residential lots with E (Estate) Zone Uses along with 3.79 acres of open space and three (3) outlots, for a parcel of land located on the following described real estate, to -wit: Lot B of Recorded Exemption, RECX12-0025; being part of the N1/2 SE1/4 of Section 8, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, Tommy Raye, applicant, and Sheri Lockman, 36509 County Road 41 Eaton, Colorado 80615, were present, and WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of such a 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 23-2-50 of the Weld County Code. 2. The request is in conformance with Section 23-2-40.B of the Weld County Code 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), Chapter 24 (Subdivision) and Chapter 26 (Mixed Use Development) of the Weld County Code. 1) Section 22-2-120.A (R.Goal 1) — states: "Ensure that adequate services and facilities are currently available or reasonably obtainable to serve the residential development or district." The proposed PUD will be served by public water (Central Weld County GC PLCC Cat mm), PECHB), HLCLt.), cTeDC 7.7), (i.PPL $/l fo/l7 2017-2098 PL2289 CHANGE OF ZONE (PUDZ17-0002) - PANORAMA ESTATES, LLC PAGE 2 Water District) and On -site Wastewater Treatment Systems (OWTS). 2) Section 22-2-120.C (R.Goal 3) states: "Consider the compatibility with surrounding land uses, natural site features, nearby municipalities' comprehensive plans and general residential growth trends when evaluating new residential development proposals." The proposed PUD is located next to an existing subdivision and is adjacent to residences on recorded exemption lots immediately to the east. The property is located within the Firestone/Weld County Cooperative Planning Agreement Area (IGA) and the property is designated as Residential Low (which allows single-family residential land uses) as delineated in the Town the Firestone Master Plan. 3) Section 22-2-120.F.3 (R.Policy 6.3) states: "Roadway and/or pedestrian connections surrounding properties should be included, where feasible, to ensure connectivity between adjoining properties as they develop."The proposed PUD is located in an urban area in that it is adjacent to an existing 30 -plus lot subdivision (Enchanted Hills). The Town of Firestone is located to the northwest of the site, and indicated no concerns in the referral response, dated April 10, 2017. The number of lots proposed and the location next to an existing subdivision makes this an urban scale development. The adjacent subdivision is an old subdivision with gravel roads and no sidewalks. Therefore, staff is requiring paved roads with gravel shoulders (no sidewalks). B. Section 27-6-120.D.5.b - The uses which would 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. 1) Section 27-2-40, Bulk requirements — The applicant has chosen to adhere to the bulk requirements of the E (Estate) Zone District for the sixteen (16) residential lots with the exception that Lots 1-8, 11-16 and 19-26 will not meet the 2.5 -acre minimum lot size requirement. 2) Section 27-6-80.6.7 states: "All urban scale development PUDs containing a residential element shall provide for a fifteen -percent common open space allocation, unless otherwise stated in Chapter 26 of this Code." The number of lots proposed (26) is urban scale. Additionally, the proposed PUD is located within the Firestone IGA and located adjacent to an existing subdivision. The 15% common open space allocation applies to this PUD. 3) Section 27-2-60 states: "Common open space is defined as any usable parcel of land or water unimproved and set aside, dedicated, 2017-2098 PL2289 CHANGE OF ZONE (PUDZ17-0002) - PANORAMA ESTATES, LLC PAGE 3 designated or reserved for public or private use or for the use and enjoyment of owners or occupants of land adjoining or neighboring such area. Common open space includes landscape areas that are not occupied by buildings or uses such as storage or service areas, private courtyards, parking lots and islands. In all PUD districts, except for those containing residential uses, common open space may include landscape setbacks adjacent to roadways, where the setbacks are not utilized as parking or storage areas. The amount and type of common open space provided in a PUD Zone District shall be proportional to the intensity of the zone districts called for in the PUD or uses specified in the application, unless specifically delineated in Chapter 26. Common open space shall be designed to be useful to the occupants and/or residents of the PUD Zone District for recreational and scenic purposes. Common open space in the PUD Zone District shall be owned and maintained in perpetuity by an organization established specifically for such ownership and maintenance purposes. "The applicant is requesting a waiver from the 15% common open space allocation requirement due to the large lot sizes and location of the proposed PUD. The Board of County Commissioners granted the waiver to allow 3.79 acres of open space (5.5% common open space) with this PUD. C. Section 27-6-120.D.5.c - The uses which will be permitted will 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 site is located within the three (3) mile referral area of the Towns of Frederick and Firestone. The site is also located within the Cooperative Planning Agreement boundary between Firestone and Weld County. The Town of Frederick and Firestone indicated no conflicts in the referrals dated March 27, 2017, and April 10, 2017, respectively. Staff received one phone call from a surrounding property owner expressing concerns about traffic and dust generated by the subdivision and impacts on his water pressure. An Improvements and Road Maintenance Agreement is required at the final plan stage. Additionally, an approved water agreement between the applicant and the water district is required prior to recording the final plan. 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 Chapter 27, Article II, of the Weld County Code. The Department of Public Health and Environment, in the referral dated April 13, 2017, indicates that the applicant has satisfied Chapter 27 in regards to sewer service and water service. The application has satisfied Chapter 27 of the Weld County Code, in regard to water service. The Assistant Weld County Attorney has approved the water source of Central Weld County Water District. A "can serve" letter from the District dated August 4, 2016, was included in the application. A referral was submitted 2017-2098 PL2289 CHANGE OF ZONE (PUDZ17-0002) - PANORAMA ESTATES, LLC PAGE 4 to the Colorado Division of Water Resources. No response has been received from the Division of Water Resources. The applicants have indicated that the final plan may have to be done in phases to meet water district requirements. The application has satisfied Chapter 27 of the Weld County Code in regard to sewer service. Individual On -site Wastewater Treatment Systems will provide sewer for the lots and a soils report dated November 21, 2016, from Soilogic was included with this application. The report indicated: "Based on results of our completed site and soil evaluation, we expect conventional On -Site Wastewater Treatment Systems (OWTS) will be possible for the majority of the site. Typical gravity -fed chamber systems in a bed or trench configuration could be considered. Engineered septic system designs will be required for the northeastern portion of the site due to the relatively shallow depth to groundwater encountered in that area. Mounded systems could be considered in this area in order to maintain adequate separation from groundwater." 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 17 is designated on the Weld County Road Classification Plan as a gravel local road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 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 and Road Maintenance Agreement is required prior to recording the final map for this site. Road maintenance, including dust control, damage repair, and triggers for improvements will be included. 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 subject site. The site is not located within any overlay district. 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. • H. Section 27-6-120.D.5.h - Consistency exists between the proposed Zone District(s), uses, the specific or conceptual development guide. The applicant is requesting that this PUD be approved as a specific development vs. a conceptual development. In the application and in subsequent conversations with the applicant, the applicant is 2017-2098 PL2289 CHANGE OF ZONE (PUDZ17-0002) - PANORAMA ESTATES, LLC PAGE 5 requesting a waiver from the 15% common open space requirement and keep open space at one (1) acre. Staff is recommending that the proposed drainage easements be incorporated as open space, approximately 5.5% of the site as open space. The site is now located in the Firestone IGA boundary and the site borders an existing subdivision to the west. The applicant has submitted a Specific Development Plan and is requesting that the Final Plan be administratively reviewed. Review and approval of the Final Plan is delegated to the Director of the Department of Planning Services and shall be based upon compliance with Chapter 27 requirements and substantial consistency with the Change of Zone plat. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Panorama Estates, LLC, for a Change of Zone from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 26 residential lots with E (Estate) Zone Uses along with 3.79 acres of open space and three (3) outlots on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the Change of Zone plat: A. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. B. Prior to recording the Change of Zone plat, the applicant's engineer shall complete the Certification of Compliance form, including the variance request portion, to address the release rate. C. The plat shall be amended to include the following: 1) All pages of the plat shall be labeled PUDZ17-0002. 2) The applicant shall adhere to the plat requirements in preparation of the Change of Zone plat, per Section 23-2-690 of the Weld County Code. 3) The Weld County's Right to Farm Statement shall be placed on the plat, Appendix 22-E of the Weld County Code. 4) All recorded easements shall be shall be shown and dimensioned on the Change of Zone plat. 5) County Road 17 is a gravel road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 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. 2017-2098 PL2289 CHANGE OF ZONE (PUDZ17-0002) - PANORAMA ESTATES, LLC PAGE 6 6) Elm Street is a gravel road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 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. 7) Setback radii, from existing oil and gas wells and tank batteries, shall be indicated. D. 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) Change of Zone from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 26 Residential Lots with E (Estate) Zone District Uses along with 3.79 acres of open space and three (3) outlots is subject to, and governed by the Conditions of Approval stated hereon and all applicable Weld County regulations. 2) The Bulk Standards Requirement as delineated in Section 23-3-440, for the E (Estate) Zone District, shall be adhered to, with the exception of the lots that will not meet the 2.5 -acre minimum lot size requirement. 3) A minimum of 3.79 acres of open space (5.5% common open space) will be provided on the Final Plan for Panorama Estates PUD. 4) Outlots B and C are designated for access purposes only. All accesses shall be granted at the discretion of the Homeowners Association. 5) Water Service may be obtained from the Central Weld County Water District. 6) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by septic systems designed in accordance with 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 On -site Wastewater Treatment System (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. 2017-2098 PL2289 CHANGE OF ZONE (PUDZ17-0002) - PANORAMA ESTATES, LLC PAGE 7 8) During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of Weld County Environmental Health Services, a Fugitive Dust Control Plan must be submitted. 9) If land development creates more than a 25 -acre contiguous disturbance, or exceeds six (6) months in duration, the responsible party shall prepare a Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice application, and apply for a permit from the Colorado Department of Public Health and Environment. 10) The historical flow patterns and runoff amounts on the site will be maintained. 11) Weld County is not responsible for the maintenance of on -site drainage related features. 12) 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. 13) The access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 14) There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 15) 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. 16) Personnel from Weld County Government 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 stated herein and all applicable Weld County regulations. 17) The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment, and Planning Services, and adopted Weld County Code and Policies. 18) 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 2017-2098 PL2289 CHANGE OF ZONE (PUDZ17-0002) - PANORAMA ESTATES, LLC PAGE 8 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 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. 19) The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. 20) No development activity shall commence on the property, nor shall any building permits be issued, until the final plan has been approved and recorded. This does not apply to the existing residence on the site. 21) 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 persons 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. 22) The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one -hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance shall be added for each additional three (3) month period. 2017-2098 PL2289 CHANGE OF ZONE (PUDZ17-0002) - PANORAMA ESTATES, LLC PAGE 9 3. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of July, A.D., 2017. BOARD OF COUNTY COMMISSIONERS ATTEST: do/44i & aC eo;e1 Weld County Clerk to the Board BY APP uty Clerk to the Board Date of signature: gl IS/ I "1 WELD COUNTY, COL9RADO I Sean P. Conway Mike Freeman County Attorney XCUSED Barbara Kirkmeyer 2017-2098 PL2289 Hello