HomeMy WebLinkAbout20253597 TQ it t6 a.o-i
MEMORANDUM
TO: Clerk to the Board
1861
DATE: December 15,2025
L_� FROM: Jazmyn Trujillo-Martinez, Planning Services Dept.
GOUNTY
SUBJECT: BOCC Agenda Item—Approve Road Maintenance
Agreement For:
Brighton Land LLC—SPR25-0001
Request to Approve Road Maintenance Agreement:
The Department of Planning Services received a request from the applicant, Brighton Land
LLC, requesting that the .Board of County Commissioners consider approving the Road
Maintenance Agreement for(SPR25-0001). No collateral is required with this agreement.
Weld County Planning Services, Public Works, and the County Attorney's Office have
reviewed the above mentioned signed original document and observed the following:
• All Public Works related items, of the "Road Maintenance Agreement According
To Policy", are found to be acceptable.
• This Agreement complies with the terms of the Site Plan Review Permit conditional
approval, as signed by the Director of Planning Services.
Recommendation:
The Departments of Planning Services, Public Works, and the County Attorney's Office are
recommending approval of the Road Maintenance Agreement According To Policy for
SPR25-0001, and that this item be placed on the next regularly scheduled BOCC Hearing, as
part of the Consent Agenda.
cc: Dawn Anderson, Planning Services
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ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Brighton Land LLC—SPR25-0001
THIS AGREEMENT is made this Ci day of , 2025, by and between Brighton
Land LLC, a limited liability company organ ed under the laws of the State of Co 10, 4Jc) ,
whose address is 1542 N High Street, Denver, Colorado 80218, hereinafter referred to as "Property
Owner,"authorized to do business in the State of Colorado,and the County of Weld,a body corporate and
politic of the State of Colorado, by and through its Board of County Commissioners, whose address is
1150"0"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:
All of Subdivision Exemption,SE-997;Being part of the
N1/2 SE1/4 of Section 30,Township 1 North,
hereinafter referred to as"the Property,"and
WHEREAS,Property Owner has received the Director of Planning Services conditional approval
of SPR25-0001,and -
WHEREAS,Property Owner acknowledges that the final approval of SPR25-0001 is conditional
upon Property Owner's funding of road maintenance described in this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein,the parties hereto promise,covenant and agree as follows:
PART I:SITE SPECIFIC PROVISIONS
A. Haul Routes:The Property Owner shall be financially responsible for its proportional share of
the County's costs associated with maintaining and/or improving designated haul/travel routes.
1.0 Haul Routes.The following roads are designated as haul/travel routes for the Property:
1)East and west along County Road 4 between Highway 85 and Main Street.
2.0 Haul trucks shall enter and exit the site at the approved access(es)on CR 4 and remain on paved
roadways for further dispersal. Any County roads used by traffic associated with SPR25-0001 may
become part of the established haul/travel routes.
3.0 Weight Limits.No travel vehicles may exceed CDOT required specifications for pounds per axle
0 and axle configurations unless overweight permits have been applied for and granted.
--. 4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the
r` abovementioned haul/travel route for a limited period (six months or less), Weld County Planning
Services may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize
m tu' paved county roads whenever possible. A deviation from the established haul/travel route lasting more
•3M than six(6) months or requests for one(1)or more deviations within a 12-month period shall authorize
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the County to change the haul/travel routes designated herein and provide notice to the Property Owner.
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NLL m 5.0 Haul Route Signage.Property Owner shall install travel route signs,if applicable,as per Manual of
Uniform Traffic Control Devices standards,at all exit points of the Property which can be clearly seen by
0a b drivers leaving the facility and which clearly depict County approved travel routes.
a m 6.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board pursuant to this
-0 2 Agreement, no use of any roads other than those specifically authorized for use in this Agreement is
tc: m permitted without the prior written amendment of this Agreement.
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co N scN B. Maintenance Requirements:
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1.0 Off-site recurring maintenance,if applicable,as required:
2.0 Repair. Property Owner shall be financially responsible for its proportional share of
excavation, patching, and pavement repair on designated haul/travel routes. The amount and extent of
repair and paving measures will be determined by site-specific conditions at the time, as determined
exclusively by County personnel.
3.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by
project traffic that causes an immediate threat to public health and safety or renders the road impassible
("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant
Damage. Property, Owner shall identify the repair required and shall consult with County on the extent,
type, timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24)
hours after receipt of such notice and shall commence such repair within forty-eight (48) hours after
receipt of such notice. If Property Owner identifies Significant Damage prior to receiving notice thereof
from County, Property Owner may commence repair of such Significant Damage and shall concurrently
notify County of the extent, type, timing, materials and quality -of repair (i.e. temporary versus
permanent).
4.0 Repair of Road: On or before December 31 of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul/travel route road portion
will require paving measures in order to protect the public health,safety,and welfare,and the County has
budgeted sufficient funds for the following calendar year to pay its share of the Off-Site
Improvement/Repair Costs, County shall notify Property Owner in writing that the Off-Site
Improvements/Repairs shall be undertaken.
4.1 In County's sole discretion, County may undertake the repairs and/or improvements.
Property Owner's payment for its Proportionate Share of the road repairs/improvements will be
calculated as determined in this Agreement. Property Owner will be invoiced accordingly for
those proportional share costs.
5.0 Calculation of.Property Owner's Proportional Share of Costs. The County shall notify
Property Owner of County's preliminary determination and assessment of Property Owner's proportional
share of costs of maintenance,repair,or improvements to Property Owner's designated haul/travel routes.
Prior to County's final determination and assessment, County shall provide Property Owner with a
reasonable opportunity to review,comment upon and supplement County's data,collection methodology,
and determinations.The County shall review and consider Property Owner's input prior to making a final
determination and assessment. The County shall have sole responsibility for determination of Property
Owner's proportional share of costs.Property Owner agrees to pay such proportional share of costs within
30 days of receiving an invoice from County.
= 6.0 Annual Road Inspection.County may conduct a road inspection annually with the cooperation
of Property Owner and all other Property Owners and/or Lessees who are required by County to
participate in road improvement/maintenance agreements for the haul routes designated in this
0 Agreement. As a result of the annual inspection, County, in its sole discretion, shall determine actual
conditions and shall further determine what road repair/improvement/maintenance work is to be
performed during that construction season.Notification to the Property Owner of the required roadway
repairs will be given as soon as the data become available.
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m 7.0 Notification. The County shall notify Property Owner of County's preliminary determination
m — and assessment of Property Owner's proportionate share of costs of maintenance,repair,or improvements
vm to Property Owner's designated haul/travel routes. Prior to County's final determination and assessment,
o Ii o County shall provide Property Owner with a reasonable opportunity to review, comment upon and
c'l supplement County's data, collection methodology, and determinations. The County shall review and
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consider Property Owner's input prior to making a final determination and assessment.
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Am-'° PART II:GENERAL PROVISIONS
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A. Permits: Property Owner is required to apply for and receive all permits required by the County or
m m any other applicable local,State,or federal permit,including but not limited to:
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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 Planning Services. Planning Services may condition
the issuance of an updated access permit on the amendment of this Agreement if the updated access
permit authorizes the use of an additional access point,or if there is a change in use of the current access
point,as permitted by Article XIV of Chapter 8 of the Weld County Code.
2.0 Right-of-Way(ROW)Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work
occurring within County ROW requires a ROW permit issued by the Department of Public Works. No
work shall occur without said ROW permit.
3.0 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County
Transport Permit is required for Extra-legal vehicles using Weld County roadways to ensure the operation
and movement of Extra-legal Vehicles and Loads occurs in a safe and efficient manner.
B. Enforcement and Remedies:
1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the
terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which County believes constitute the
violation. Property Owner shall have fifteen (15) days within which to either cure the violation or
demonstrate compliance. If,after fifteen(15) days have elapsed, County believes in good faith that the
violation is continuing,County may consider Property Owner to be in breach of this Agreement.
2.0 Remedies for Breach by Property Owner.In the event that County determines that Property Owner
has violated the terms of this Agreement, and has failed to correct said violation, County may exercise
any or all of the following remedies,or any other remedy available in law or equity.
2.1 Withholding Permits. County may "lock" any or all lots within the Property, which
precludes the continued issuance of building permits,zoning permits,septic permits,or any other
permit issued by any department of the County.
2.2 Court Action. County may seek relief in law or equity by 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.
2.3 Termination of SPR Permit.Property Owner acknowledges that failure to comply with
the terms of this Agreement constitutes cause to terminate the SPR,and County may exercise this
option in its sole discretion by proceeding with termination under the then current provisions of
the Weld County Code.
3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following
i events:
3.1 Failure to Commence. County may terminate this Agreement upon or after
1.1 1 termination of the underlying land use approval under Weld County Code Section 23-2-170.
2 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.
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3.2 Cessation of all Permit Related Activities.Termination of this Agreement shall occur
upon Property Owner's complete cessation of all activities permitted by the SPR including any
°� ! clean up or restoration required.A partial cessation of activities shall not constitute a Termination
of this Agreement, nor shall County's issuance of a partial release/vacation constitute a
• Termination. Unless informed in writing by the Property Owner of cessation of activities, and
verified by the County, cessation shall only be presumed if the County determines that the SPR
(1) has has been inactive for three(3)years.Property Owner shall not be entitled to a release of Project
.o or Warranty Collateral unless and until the improvements required by this Agreement are
cc c completed.
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molt 3.3 Execution of Replacement Agreement. This Agreement shall terminate following
dm. County's execution of a new Improvements Agreement with a new property owner or operator
a who has purchased the Property or has assumed the operation of the business permitted by the
41,m W SPR,and intends to make use of the rights and privileges available to it through the then existing
�N0 SPR.
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3.4 Termination of SPR. This Agreement shall terminate following County's termination
of Property Owner's SPR, except that the Property Owner shall only be released from this
Agreement after the successful completion of all improvements required under this Agreement,
which may be completed by County after accessing Property Owner's collateral if Property
Owner fails to complete such improvements.
C. General Provisions: •
1.0 Successors and Assigns.
1.1 Property Owner may not delegate, transfer,or assign this Agreement in whole or in
part,without the prior express written consent of County and the written agreement of the party to
whom the obligations under this Agreement are assigned. Consent to a delegation or an
assignment will not be unreasonably withheld by County.In such case,Property Owner's release
of its obligations shall be accomplished by County's execution of a new Improvements
Agreement with the successor owner of the property.
1.2 County's rights and obligations under this Agreement shall automatically be
delegated, transferred, or assigned to any municipality which, by and through annexation
proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by
this Agreement.
2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced
without such provision,to the extent that this Agreement is then capable of execution within the original
intent of the parties.
3.0 Governmental Immunity_No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights,benefits, protections or other provisions, of
the Colorado Governmental Immunity Act§§24-10-101 et seq.,as applicable now or hereafter amended.
4.0 No Third-Party Beneficiary.It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of
action whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement. This
Agreement may be changed or supplemented only by a written instrument signed by both parties.
6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
11.1 until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
adesignee.
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0 7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision
included or incorporated herein by reference which conflicts with said laws,rules and/or regulations shall
be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld
G� County District Court or Federal District Court for the District of Colorado shall have exclusive
m3 M jurisdiction to resolve said dispute.
�� 8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner,
0 ii o- concerning this Agreement, the parties agree that each party shall be responsible for the payment of
w m- attorney fees and/or legal costs incurred by or on its own behalf.
ova ro 9.0 Release of Liability_Property Owner shall indemnify and hold harmless the County from any and
fa t all liability loss and damage County may suffer as a result of all suits,actions,or claims of every nature
d a m_ 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,
io m w and notwithstanding Section 7.0 above,together with all reasonable expenses and attorney fees incurred
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in te- by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or
��a Y�~ arises out of the negligence of the County or its officers, agents,employees,or otherwise except for the
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liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its
employees while acting within the scope of their employment. All contractors and other employees
engaged in construction of the improvements shall maintain adequate worker's compensation insurance
and public liability insurance coverage and shall operate in strict accordance with the laws and regulations
of the State of Colorado governing occupational safety and health.
10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by
reference shall be null and void.
11.0 Authority to Sign.Each person signing this Agreement represents and warrants that he or she is
duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and
warrants to the other that the execution and delivery of the Agreement and the performance of such
party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal
agreement binding on such party and enforceable in accordance with its terms.If requested by the County,
Property Owner shall provide the County with proof of Property Owner's authority to enter into this
Agreement within five(5)days of receiving such request.
12.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with
the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the
parties and supersedes all proposals or prior agreements, oral or written, and any other communications
between the parties relating to the subject matter of this Agreement.
13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential
conflict between any term in this Agreement and the Resolution of the Board of County Commissioners
approving the underlying land use permit,the provisions of the Board's Resolution shall control. In the
event of a discrepancy between this agreement and the Weld County Code in effect at the time of the
agreement,the terms of the Weld County Code shall control.
PROPERTY OWNER:BRIGHTON LAND LLC
By: Date /0-fr/Z-5
I Name: 0.2yNM
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d®;, I The foregoing instrument was acknowledged before me this y'—day of Celn6eir—
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a 202,�by OR1 S�74 �C�d
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WITNESS my hand and official seal.
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BAIGALMAA SHARKHUU
NOTARY PUBLIC Notary Public
STATE OF COLORADO
NOTARY ID 20184018517
MY COMMISSION EXPIRES O7/13/2026
WELD OUNTY:
e/30 d"
1. , ►e ems{ u ':-- i°
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY,COLORADO
BY: �VG�
Deputy Clerk to th oard Perry L.Buck,Chair
j CEO 3 1 2025
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righton Land LLC—SPR25-0001—RMA25-0022
6 Page 2of7
1861
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Zo25-359/
C . ntract For e"
Entity Information
Entity Name* Entity ID* New Entity?To add a vendor in
BRIGHTON LAND LLC @00050632 Banner, please email vendor
data to vbanner@weld.gov.
❑Suppliers will begin pulling
from Workday on 1/5/2026.
Contract Name* Contract ID Parent Contract ID
ROAD MAINTENANCE AGREEMENT BRIGHTON LAND 10207
LLC SPR25-0001 Requires Board Approval
Contract Lead* YES
Contract Status JTRUJILLOMARTINEZ
CTB REVIEW Department Project#
Contract Lead Email
jtrujillomartinez@weld.go
V
Contract Description*
ROAD MAINTENANCE AGREEMENT BRIGHTON LAND LLC SPR25-0001 NO COLLATERAL REQUIRED
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PLANNING Date* 12/27/2025
12/31/2025
Amount* Department Email
$0.00 CM-Planning@weld.gov Will a work session with BOCC be required?*
Renewable* Department Head Email NO
NO CM-Planning- Does Contract require Purchasing Dept. to be
DeptHead@weld.gov included?
Automatic Renewal
NO
County Attorney
Grant GENERAL COUNTY
IGA ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
- R
Contract Dates
; Effective.Date Review Date* Renewal Date
12/31 /2026
Termination Notice Period Expiration Date*
Committed Delivery Date 12/31 /2027
•
Contact Information
•
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 '•
; +
Purchasing
•
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
DAWN ANDERSON RUSTY WILLIAMS BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
12/23/2025 12/23/2025 12/23/2025
Final Approval
BOCC Approved Tyler Ref#
AG123125
BOCC Signed Date •
Originator
BOCC Agenda Date
JTRUJILLOMARTINEZ
•
1861
SITE PLAN REVIEW
I, M.1 i Administrative Review
coUNTYi
Planner: Molly Wright Parcel No. 1471-30-4-00-105
Case Number: SPR25-0001
Proposed Use: A Site Plan Review for Outdoor Storage (outdoor storage of modular buildings) in
the 1-3 (Heavy Industrial)Zone District
Owner/Applicant: Brighton Land LLC c/o Richard Johnson and Corey Schwab
1542 N High St, Denver, CO 80218
Le al Descri tion: All of Subdivision Exemption SE-997; Being part of the N2SE4 of Section 30,T1 N,
g p R66W of the 6th P.M.,Weld County, Colorado
Size of Parcel: +/- 2.34 acres Zone District: 1-3(Heavy Industrial)
The Site Plan Review application requirements are listed in Section 23-2-160 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
❖ Colorado Department of Transportation, referral dated March 10, 2025
❖ Colorado Division of Water Resources, referral dated February 10, 2025
❖ Weld County Department of Public Health and Environment, referral dated February 11,2025
❖ Weld County Department of Planning Services—Development Review, referral dated February
21, 2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
❖ City of Brighton, referral dated January 31, 2025
❖ City of Fort Lupton, referral dated January 29, 2025
❖ Weld County Sheriffs Office, referral dated January 21, 2025
❖ Central Weld County Water District, referral dated January 21, 2025
❖ Weld County Department of Planning Services—Code Compliance referral dated February 21,
2025
The Department of Planning Services'staff has not received responses from the following agencies:.
❖ Adams County
❖ Colorado Parks and Wildlife
❖ Brighton Fire Protection District
❖ West Adam Conservation District
❖ Weld County School District RE-27J
❖ Central Colorado Water Conservancy
SPR25-0001 I Brighton Land LLC
Page 1 of 6
Summary:
This is a SPR request for the outdoor storage of modular buildings. There are going to be six (6)full time
employees, with four(4)being on site during operation hours. Operating hours are from 8:00am to 4:30pm
on Monday through Friday.
Water will be provided by a commercial well (Permit#278173). This commercial well permit is limited to
drinking and sanitary facilities inside the commercial building.The water from this well shall not be used for
lawn or landscape irrigation or any other purpose outside the business building structure, including dust
control during construction. The well also may not be used for industrial purposes as currently permitted.
The commercial on-site wastewater treatment system permitted as G1860044 and sized for 20 people will
be used for the business. No washing, fuel storage or floor drains will be located on site. A dumpster will
be provided for waste disposal. Dust abatement and waste handling plans were submitted.
Maximum lot coverage shall be no more than eighty-five percent (85%) of the total area of the lot. That
portion of the lot which abuts a public or private street/road right-of-way shall have a minimum ten (10)foot
wide setback that is landscaped, measured at a right angle from the existing or planned future right-of-way.
Sidewalks and driveways may pass through the required setback.A condition of approval has been written
to ensure the applicant submits a Landscape Plan that includes the percentage of lot coverage.
Landscaping was not shown on the application materials. The Department of Planning Services is
requesting the applicants submit a landscape plan. The applicant is also required to screen the proposed
storage area from Right-of-Way and to the properties to the north, a screening plan is being requested for
review and acceptance.
This site plan review is approved with the attached conditions:
1. Prior to recording the Site Plan Review Map,the applicant shall address the following to the Department
of Planning Services'satisfaction:
A. The applicant shall submit a Screening and Landscaping Plan to the Department of Planning
Services for review and acceptance.
B. The applicant shall submit an Improvements and Road Maintenance Agreement for off-site
improvements at this location. Road maintenance includes, but is not limited to, dust control and
damage repair to the specified travel route. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and approval of completed
improvements.
C. The applicant shall submit an acceptable Final Traffic Report.
D. The applicant shall address the requirements of the Colorado Department of Transportation, as
stated in the referral dated March 10, 2025.
E. The applicant shall acknowledge the requirements of the Division of Water Resources, as stated
in the referral response received February 10,2025. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
2. The map shall be amended to delineate the following:
A. All sheets of the Site Plan Review Map'shall be labeled Site Plan Review SPR25-0001.
B. The Site Plan Review Map shall be prepared in accordance with Sections 23-2-160.W of the Weld
County Code.
C. The signature blocks shall meet the requirements of Section 23-2-160.W.16 of the Weld County
Code.
D. Use a black and white or grayscale line drawing for the vicinity map. Remove the aerial imagery.
E. Vicinity map is required to be scaled at and depicted as 1"=2000'.
SPR25-0001 I Brighton Land LLC
Page 2 of 6
F. Show and label the existing and proposed improvements and parking. Show the accessible route
from the building to the public right-of-way.
G. The applicant shall delineate the location of the trash enclosure, in accordance with Section 23-2-
160.T of the Weld County Code.
H. The applicant shall adhere to the lighting standards, in accordance with Section 23-2-160.U.6 of
the Weld County Code.
I. The off-street vehicle parking shall adhere to Section 23-4-20 thru 23-4-40 and Appendices 23-A
and B of the Weld County Code.
J. Any outside storage of vehicles, equipment or materials shall be screened with opaque screening
from public rights-of-way and all adjacent properties.
K. Delineate the following landscaping information:
1) An installation schedule which specifies when the landscaping will be installed on site.
2) A landscape maintenance schedule which specifically states who will perform maintenance
and that maintenance is on-going and shall not end upon final acceptance by the Department
of Planning Services.
L. County Road 4 is a paved road and is designated on the Weld County. Functional Classification
Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All setbacks
shall be measured from the edge of right-of-way.
M. Show and label the access location onto CR 4, the access width, and the appropriate turning radii
on the site plan.
N. Show and label the required tracking control on the site plan.
O. Show and label the entrance gate.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.
P. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property.
Q. Show and label the drainage flow arrows.
R. The following notes shall be placed on the map:
1) A Site Plan Review, SPR25-0001,for Outdoor Storage(outdoor storage of modular buildings)
in the 1-3(Heavy Industrial)Zone District.
2) The number of employees shall not exceed six(6)people,as stated in the application materials.
3) The hours of operation shall be 8:00 am to 4:30pm Monday thru Friday, as stated in the
application materials.
4) In accordance with the Weld County Code, no land, building or structure shall be changed in
use or type of occupancy, developed, erected, constructed, reconstructed, moved or
structurally altered or operated in the Commercial Zone District until a Site Plan Review has
been approved by the Department of Planning Services.
SPR25-0001 I Brighton Land LLC
Page 3 of 6
5) The application does not propose any portion of the site to be leased to another party. In the
event that a portion of the building is proposed to be leased to another party in the future, the
applicant shall submit a copy of the lease agreement and information regarding the proposed
use of the leased portion to the Department of Planning Services for review. Based upon the
proposed use and/or impacts of the leased portion, the Department of Planning Services may
require a new Site Plan Review application.
6) No hazardous materials shall be stored on site.
7) No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be stored
on the site.
8) All signs shall adhere to Chapter 23,Article IV, Division 2 of the Weld County Code.
9) Landscaping and screening materials as indicated in the approved Site Plan shall be
maintained at all times. Required landscaping and screening shall be installed within one (1)
calendar year of issuance of a building permit or commencement of use, whichever occurs
sooner. Dead or diseased plant materials shall be replaced with materials of similar quantity
and quality at the earliest possible time.
10) Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private streets.
No colored lights may be used which may be confused with, or construed as, traffic control
devices.
11) All lighting shall adhere to Section 23-2-160.U.6. and Section 23-4-30.E. of the Weld County
Code.
12) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15,Article I and II, of the Weld County Code.
13) The access to 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 comply with all requirements provided in the executed Improvements
Agreement.
16) The Improvements Agreement for this site may be reviewed on an annual basis, including a
site visit and possible updates.
17) The historical flow patterns and runoff amounts on the site will be maintained.
18) All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-
20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination.
19) No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.
20) Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The
applicant shall operate in accordance with Chapter 14,Article 1 of the Weld County Code.
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21) Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's air quality regulations and the accepted
dust abatement plan.
22) Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility,at all times.
23) A permanent, adequate water supply shall be provided for drinking and sanitary purposes, as
necessary. The owner should be informed that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment.
Environmental Health strongly encourages the applicant to test their drinking water prior to
consumption and periodically test it over time.
24) Any on-site wastewater treatment system located on the property must comply with all
provisions of the Weld County Code, pertaining to on-site wastewater treatment systems.
25) This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
as delineated in 25-12-103 C.R.S.
26)All paints and chemicals must be handled in a safe manner in accordance with product labeling.
All paints and chemicals must be stored secure,on an impervious surface, and in accordance
with manufacturer's recommendations.
27) The facility shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code.
28) Building permits may be required,for any new construction, set up of manufactured structures,
or change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings
and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2018
International Building Codes, 2018 International Energy Code, 2020 National Electrical Code,
and Chapter 29 of the Weld County Code. A Building Permit Application must be completed
and two(2)complete sets of engineered plans bearing the wet stamp of a Colorado registered
architect or engineer must be submitted for review. A Geotechnical Engineering Report,
performed by a Colorado registered engineer,shall be required or an Open Hole Inspection.A
building permit must be issued prior to the start of construction.
29) All structures, including signs, on site must obtain the appropriate building permits.
30) All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended.
31) Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County Facility Fee, County-Wide Road Impact Fee,and Drainage Impact Fee Programs.
32) Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review
map and the approved use and type of occupancy. Major changes from the approved Site Plan
Review map, use or type of occupancy shall require the approval of an amended Site Plan
Review by the Department of Planning Services. The Department of Planning Services is
responsible for determining whether a major change exists, in which case a new Site Plan
Review application and processing shall be required. Any other changes shall be filed in the
Department of Planning Services in the approved Site Plan Review file.
33) Construction of improvements pursuant to approval of a Site Plan Review shall be commenced,
and continual progress shall be made, within three (3) years from the date of approval, or the
approval shall terminate thirty (30) days following notice to the applicant. The Director of
Planning Services may grant a one-time extension of up to one hundred twenty(120)days,for
good cause shown,upon a written request by the landowner. Before this extension has expired,
the applicant may seek a further extension from the Board of County Commissioners by written
request to the Director of Planning.
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34) Approval of a Site Plan Review shall terminate when the use is discontinued for a period of
three(3)consecutive years,or a new Site Plan Review is approved.Should the Department of
Planning Services observe or receive credible evidence of a discontinuance for a period of
three (3) consecutive years, the Department Director shall notify the applicant and property
owner by first-class mail of such termination. The Director's decision to terminate the approval
of the Site Plan Review may be appealed by the applicant and/or property owner pursuant to
the provisions of Chapter 2, Article IV, Section 2-4-10 Appeals Process of the Weld County
Code.
3. The applicant shall submit one (1) electronic (.pdf) copy of the site plan review map for preliminary
approval to the Department of Planning Services. Upon approval of the map,the applicant shall submit
a Site Plan Review Map, along with all other documentation required as conditions.of approval. The
Site Plan Review Map shall be recorded in the office of the County Clerk and Recorder by the
Department of Planning Services. The Site Plan Review Map and additional requirements shall be
recorded within one hundred twenty (120) days from the date the administrative review was signed.
The applicant shall be responsible for paying the recording fee. If the Site Plan Review Map has not
been recorded within one hundred twenty (120) days from the date the administrative review was
signed, or if an applicant is unwilling or unable to meet any of the conditions within one hundred twenty
(120) days of approval, the application will be forwarded to the Weld County Code Compliance for
violation. The Director of Planning Services may grant an extension of time, for good cause shown,
upon a written request by the applicant.
4. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the
specified timeline from the date the administrative review was signed, a$50.00 recording continuance
fee shall be added for each additional 3-month period.
5. Prior to Construction:
A. If more than one (1)acre is to be disturbed, a Weld County Grading Permit will be required.
Conditionally Approved on:March 31, 2025
by: %1W - Ce l
Molly Wright, Planner I
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