HomeMy WebLinkAbout20253599 COrn\cac AF `O a O
MEMORANDUM
TO: Clerk to the Board
\1$61_-
1� DATE: December 3, 2025
Gr OU FROM: Jazmyn Trujillo-Martinez, Planning Services Dept.
NTY-
ISUBJECT: BOCC Agenda Item—Approve Road Maintenance
Agreement For:
TK Truck Lot LLC—SPR25-0011
Request to Approve Road Maintenance Agreement:
The Department of Planning Services received a request from the applicant,TK Truck Lot LLC,
requesting that the Board of County Commissioners consider approving the Road
Maintenance Agreement for(SPR25-0011). No collateral is required with this agreement.
Weld County Planning Services, Public Works, and the County Attorney's Office have
reviewed the above-mentioned 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
SPR25-0011, 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
TK Truck Lot LLC—SPR25-0011
THIS AGREEMENT is made this .day of b c.C_ , 202 S,by and between TK Truck
Lot LLC, a limited liability company organized under the laws of the State of Colorado,whose address is
600 62nd Avenue, Greeley, Colorado 80634, 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:
Lot 3 Cimarron Land Company LLC MINF19-0001,
Part of Section 32,Township 6 North,Range 65 West of
the 6th P.M.,Weld County,Colorado
hereinafter referred to as"the Property,"and
WHEREAS,Property Owner has received the Director of Planning Services conditional approval
of SPR25-0011,and
WHEREAS,Property Owner acknowledges that the final approval of SPR25-0011 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) North and south along Weld County Way between Highway 85 and County Road 64 ("0"
2 Street).
Rte 2)East and west along County Road 64("0"Street)between N. 6th Avenue and County Road4.1
(N. 1st Avenue).
•
0 2.0 Haul trucks shall enter and exit the site at the approved access(es) on Weld County Way and
m�._■ , remain on paved roadways for further dispersal.Any County roads used by traffic associated with SPR25-
3 0011 may become part of the established haul/travel routes.
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M 3.0 Weight Limits.No travel vehicles may exceed CDOT required specifications for pounds per axle
and axle configurations unless overweight permits have been applied for and granted.
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Oa` 4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the
aunt_m abovementioned haul/travel route for a limited period (six months or less), Weld County Planning
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Services may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize
paved county roads whenever possible. A deviation from the established haul/travel route lasting more
than six (6) months or requests for one (1) or more deviations within a 12-month period shall authorize
the County to change the haul/travel routes designated herein and provide notice to the Property Owner.
5.0 Haul Route Signage. Property Owner shall install travel route signs, if applicable, as per Manual
of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen
by drivers leaving the facility and which clearly depict County approved travel routes.
6.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board pursuant to this
Agreement, no use of any roads other than those specifically authorized for use in this Agreement is
permitted without the prior written amendment of this Agreement.
B. Maintenance Requirements:
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
aImprovements/Repairs shall be undertaken.
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V 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.
.3
is.m 5.0 Calculation of Property Owner's Proportional Share of Costs. The County shall notify Property
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o Owner of County's preliminary determination and assessment of Property Owner's proportional share of
N m costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes.Prior to
r& County's final determination and assessment, County shall provide Property Owner with a reasonable
O a n3 opportunity to review, comment upon and supplement County's data, collection methodology, and
am m determinations. The County shall review and consider Property Owner's input prior to making a fmal
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N a b TK Truck Lot LLC—SPR25-0011—RMA25-0028
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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 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.
7.0 Notification. The County shall notify Property Owner of County's preliminary determination and
assessment of Property Owner's proportionate share of costs of maintenance, repair, or improvements to
Property Owner's designated 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.
PART II:GENERAL PROVISIONS
A. Permits: Property Owner is required to apply for and receive all permits required by the County
or any other applicable local, State,or federal permit,including but not limited to:
1.0 Access Permits. Property Owner shall not use any access onto any County-road unless and until
an access permit has been issued by the Department of 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.
2 B. Enforcement and Remedies:
1.0 Violation of Terms of Agreement.If in County's opinion,Property Owner has violated any of the
I 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
m- demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the
®3 violation is continuing,County may consider Property Owner to be in breach of this Agreement.
14. 01
o - 2.0 Remedies for Breach by Property Owner. In the event that County determines that Property
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c')tx co— Owner has violated the terms of this Agreement, and has failed to correct said violation, County may
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a exercise any or all of the following remedies,or any other remedy available in law or equity.
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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
events:
3.1 Failure to Commence. County may terminate this Agreement upon or after termination of
the underlying land use approval under Weld County Code Section 23-2-290. However, County
may still exercise all necessary activities under this Agreement that the County determines
necessary to protect the health,safety,and welfare of the residents of Weld County.
3.2 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
has been inactive for three (3) years. Property Owner shall not be entitled to a release of Project
or Warranty Collateral unless and until the improvements required by this Agreement are
completed.
3.3 Execution of Replacement Agreement. This Agreement shall terminate following
County's execution of a new Improvements Agreement with a new property owner or operator
who-has purchased the Property or has assumed the operation of the business permitted-by the
SPR, and intends to make use of the rights and privileges available to it through the then existing
SPR.
3.4 Termination of SPR. This Agreement shall terminate following County's termination of
o 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
o Owner fails to complete such improvements.
C. General Provisions:
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1.0 Successors and Assigns.
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"e 1.1 Property Owner maynot delegate, transfer, or assignthis Agreement in whole or inpart,
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a 2" without the prior express written consent of County and the written agreement of the party to
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IL m m whom the obligations under this Agreement are assigned. Consent to a delegation or an
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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
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
7.0 Choice of Law/Jurisdiction. Colorado law,and rules and regulations established pursuant thereto, -
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision
IN 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
-1-•
jurisdiction to resolve said dispute.
o 8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner,
p concerning this Agreement, the parties agree that each party shall be responsible for the payment of
a M attorney fees and/or legal costs incurred by or on its own behalf.
o"_o 9.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any
LL 0 and all liability loss and damage County may suffer as a result of all suits, actions, or claims of every
ms
nature and description caused by, arising from, or on account of the design and construction of
d¢ro� improvements, and pay any and all judgments rendered against the County on account of any such suit,
aaction or claim, and notwithstanding Section 7.0 above, together with all reasonable expenses and
N m�- " TK Truck Lot LLC—SPR25-0011—RMA25-0028
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attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or
damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or
otherwise except for the liability, loss,or damage arising from the intentional torts or the gross negligence
of the County or its employees while acting within the scope of their employment. All contractors and
other employees engaged in construction of the improvements shall maintain adequate worker's
compensation insurance and public liability insurance coverage and shall operate in strict accordance with
the laws and regulations of the State of Colorado governing occupational safety and health.
10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by
reference shall be null and void.
11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is
duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and
warrants to the other 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.
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PROPERTY(n� OWNER: TK TRUCK LOT LLC
By: 1.1�1A c� Date I a ` 1 I a-O 25
Name: 1y15+l T iq b (-
Title: & U er
JUSTIN WILDE VIALPANDO
I NOTARY PUBLIC•STATE OF COLORADO I
STATE OF COLORADO ) 1 NOTARY ID 20194028459
MY COMMISSION EXPIRES JAN 8, 2028 '
SS.
County of Weld )
a
The foregoing instrument was acknowledged before me this I day of mo:‘60`11F',
202S,by CkU c14 M, TA1C- vt
WITNESS my hand and official seal.
Notary ublic
WELD COUNTY:
ATTEST: ' ¢f" BOARD OF COUNTY COMMISSIONERS
Weld Co ty Cle to the
Board WE COUNTY,COLORADO
BY:
Deputy Clerk to the Board j erry L. ck,Chair
CEO 3 1 2025
Art
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TK Truck Lot LLC-SPR25-0011-RMA25-0028
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202S-3599
Contract For
Entity Information
Entity Name* Entity ID* New Entity?To add a vendor in
TK TRUCK LOT LLC @00050630 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 TK TRUCK LOT LLC 10209
SPR25-001 1 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 TK TRUCK LOT LLC SPR25-001 1 NO COLLATERLA 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?*
NO
Renewable* Department Head Email
NO CM-Planning- Does Contract require Purchasing Dept. to be
DeptHead@weld.gov included?
Automatic Renewal
County Attorney NO
Grant GENERAL COUNTY
IGA ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@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
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
i 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
BOCC Agenda Date Originator
JTRUJILLOMARTINEZ
IVELBk
SITE PLAN REVIEW
Administrative Review
COUNTY, CO
Planner: Molly Wright Parcel No. 0803-32-1-01-003
Case Number: SPR25-0011
Proposed Use: Site Plan Review for an Office and Outdoor Storage (60 semi-trucks) in the 1-3
(Heavy Industrial)Zone District
Applicant: TK Truck Lot LLC do Mitchell and Patricia Knaub and Allan and Christi Taylor
600 62nd Avenue, Greeley, CO 80634,
Legal Description: Lot 3 Cimarron Land Company LLC MINF19-0001, Part of Section 32, T6N,
R65W Of The 6th P.M., Weld County, Colorado
Size of Parcel: ± 3.4 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 Water Resources, referral dated September 17,2025
❖ Weld County Department of Planning Services—Development Review, referral dated October 14,
2025
The Department of Planning Services'staff has received referral responses without comments from the
following agencies:
❖ City of Greeley, referral dated October 8, 2025
❖ Weld County Sheriff Department, referral dated September
❖ Colorado Department of Transportation, referral dated September 15, 2025
❖ Weld County Office of Emergency Management, referral dated September 15, 2025
The Department of Planning Services'staff has not received responses from the following agencies:
d• Colorado Division of Wildlife
❖ Eaton Fire Protection District
❖ North Weld County Water District
❖ Weld County Oil and Gas Energy Department
SPR25-0011 I TK Truck Lot LLC
Page 1 of 7
Narrative:
The applicant,TK Trucking Lot LLC is proposing a Site Plan Review application in the 1-3(Heavy Industrial)
Zone District to provide parking for up to sixty (60) semi-trucks and trailers. There is one (1) proposed
structure that will store maintenance equipment and provide a meeting place for prospective renters. The
size of the proposed building is 40'x 20'. The structure will be located near the entrance on the west side
of the property.
The proposed hours of operations are twenty-four(24)a day, seven (7)days a week. There will be no full-
time employees on site, as this site is for the storage of trucks. Total daily users are expected to be
approximately fifteen (15)to thirty(30)based on sixty(60)total parking spaces and half of the users being
local daily drivers and half being long haul drivers who will only access the site twice per week.
The owners will maintain and manage the property on an as-needed basis including landscaping, security
checks, and ensuring renters adhere to rental policy. Owners will use onsite dumpsters for garbage and
portable toilets for sewage disposal for the individuals who are renting spaces. Removal of waste, debris,
and junk(dumpsters and portable toilets)will occur on a weekly basis when the property is at-capacity. A
six(6)foot tall opaque fence will be placed at the front and back of the property.
A new Site Plan Review will be required for the addition of any new buildings or change of uses on the
subject site.
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 acknowledge the comments of the Colorado Division of Water Resources, as
stated in the referral response received September 17,2025. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services.
B. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes.
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 SPR25-0011.
B. The Site Plan Review Map shall be prepared in accordance with Sections 23-2-160.W of the Weld
County Code.
C. Provide a table listing the height and square footage of all the buildings include the distances to all
property lines.
D. The applicant shall delineate the location of the trash enclosure, in accordance with Section 23-2-
160.T of the Weld County Code.
E. The signature blocks shall meet the requirements of Section 23-2-160.W.16 of the Weld County
Code. The signature blocks shall only be located on Sheet 1.
F. Use a black and white or grayscale line drawing for the vicinity map. Remove the aerial imagery.
G. Vicinity map is required to be scaled at and depicted as 1"= 2000'.
H. Show and label the existing and proposed improvements, structures, and parking. Show the
accessible route from the building to the public right-of-way.
I. Show and label the new landscape being in accordance with Section 23-3-340.D. and Section 23-
2-160.M of the Weld County Code.
SPR25-0011 I TK Truck Lot LLC
Page 2 of 7
a. No more than eighty-five percent(85%)of the total area of a lot in any Industrial Zone District
shall be covered. Land shall not be deemed covered if it is used for growing grass, shrubs,
trees, plants or flowers, covered by decorative gravel or wood chips, or otherwise suitably
landscaped. Include a table that shows the landscape breakdown and a landscaping
installation and maintenance schedule.
b. That portion of a lot in any Commercial or Industrial Zone District which abuts a public or private
street right-of-way shall be landscaped for a distance of ten(10)feet, measured at a right angle
from the lot line towards the interior of the lot. Sidewalks and driveways may pass through the
required landscaped areas.
J. Include black and white (no color) building images of all four sides embedded into the site plan
sheets. Label the use of each building.
K. The applicant shall adhere to the lighting standards, in accordance with Section 23-2-160.U.6 of
the Weld County Code.
L. Per Section 23-4-30.G.the site shall conform to all requirements of the Americans with Disabilities
Act (ADA). ADA parking spaces are twenty '(20) feet by eight (8) feet with five (5) foot aisles. A
minimum of three (3) space(s) must be van accessible with an eight(8)foot aisle. An accessible
path shall be required from the building to the public right-of-way. Further, the ramps from the
parking area shall identify a landing area for non-ambulatory users of this facility.
M. Any outside storage of equipment or materials shall be screened with opaque screening from public
rights-of-way and all adjacent properties.
N. Weld County Way 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. This road is maintained by Weld County.
O. County Road 64 (0 Street) 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.This road is maintained by Weld County.
P. Show and label the approved access location, approved_access width,and the appropriate access
radii(65')on the map.The applicant must obtain an access permit in the approved location prior to
construction.
Q. 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.
R. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No-Build or Storage Area" and shall include the calculated water quality
and detention volumes.
S. Show and label the drainage flow arrows.
T. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property.
U. The following notes shall be placed on the map:
1. A Site Plan Review, SPR25-0011,for an Office and Outdoor Storage(60 semi-trucks)in the I-
3(Heavy Industrial)Zone District.
2. There will be no employees on site, as stated in the application materials.
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3. The hours of operation shall be twenty-four(24)hours a day,seven(7)days a week,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-3 Zone District until a Site Plan Review has
been approved by the Department of Planning Services.
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 Derelict vehicles, as defined in Section 23-1-90 of the Weld County code, shall be stored
on the site.
7. All signs shall adhere to Chapter 23,Article IV, Division 2 of the Weld County Code.
8. 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 the recording date of the Site Plan. Dead or diseased plant materials shall be
replaced with materials of similar quantity and quality at the earliest possible time.
9. 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.
10. All lighting shall adhere to Section 23-2-160.U.6. and Section 23-4-30.E. of the Weld County
Code
11. 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.
12. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off-site tracking.
13. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
14. 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.
15. The Property Owner shall comply with all requirements provided in the executed Improvements
and Road Maintenance Agreement.
16. The Road Maintenance 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 will be maintained on the site in such a manner
that it will reasonably preserve the natural character of the area and prevent property damage
of the type generally attributed to runoff rate and velocity increases, diversions, concentration
and/or unplanned ponding of stormwater runoff.
18. Weld County is not responsible for the maintenance of onsite drainage related features.
19. This site is in the MS4 area and is subject to the regulations of the state issued MS4 Permit.
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20. Once the permanent control measures have passed final inspection by the Weld County Water
Quality Permit Coordinator, the site will be routinely inspected on an annual basis unless
otherwise noted by the coordinator. Inspections occur to ensure the permanent control
measures remain fully operational and are being adequately maintained according to the site's
Operation and Maintenance Plan. Upon sale of the property, the responsibility of maintaining
permanent control measures shall be transferred to the new owner.
21. 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.
22. 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.
23. 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 and
the accepted waste handling plan.
24. 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.
25. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times.
26. 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.
27. Any On-site Wastewater Treatment System located on the property must comply with all
provisions of the Weld County Code, pertaining to On-site Wastewater Treatment Systems.
28. In the event the applicant intends to utilize the existing on-site wastewater treatment system,
for additional employee use, the system shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the system and a technical
review describing the system's ability to handle the proposed hydraulic load. The review shall
be submitted to the Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be inadequately sized or
constructed the system shall be brought into compliance with current Regulations.
29. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in 25-12-103 C.R.S.
30. All 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.
31. The facility shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code.
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32. 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.
33. All structures, including signs,on site must obtain the appropriate building permits.
34. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended.
35. 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.
36. 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.
37. 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.
38. 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.
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5. Prior to the release of building permits
6. Upon approval by the Department of Planning Services, the Site Plan Review shall be prepared
per Section 23-2-260.D of the Weld County Code and submitted to the Department of Planning
Services to be recorded.
7. Prior to Construction:
A. The approved access shall be constructed prior to on-site construction.
B. If more than one(1)acre of land is to be disturbed,a Weld County Grading Permit will be required.
C. The applicant shall notify the Weld County Water Quality Permit Coordinator of the anticipated start
date and schedule a stormwater inspection. If construction has commenced prior to contacting the
foregoing coordinator, the site will be in violation, a stop work order will be issued, and further
enforcement actions may be pursued.
8. During Construction:
9. Weld County shall be allowed to enter the premises to inspect temporary control measures(BMPs)
for proper installation and maintenance as detailed in the site's Grading Permit (if required).
Inspections occur to ensure adequate measures are taken to protect the landowner, neighboring
properties, adjacent roadways and nearby waterways from the potentially adverse effects of
stormwater runoff. Inspections shall occur at a frequency determined by the Weld County Water
Quality Permit Coordinator.
10. Prior to Certificate of Occupancy:
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11. Because this site is in the MS4 area, the applicant may be required to submit an as-built drawing,
signed and stamped by a Professional Engineer registered in the State of Colorado, of each
permanent control measure.The need for as-built drawings will be determined by the Weld County
Water Quality Permit Coordinator
Conditionally Approved on:November 6, 2025
by:
Molly VW' , Planner II
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