HomeMy WebLinkAbout20253600 ConIrso_c loa
MEMORANDUM
TO: Clerk to the Board
4_1 �861
_� DATE: ::: J::::rtinez,
FROM: Planning Services Dept.
119LCOUNTY
SUBJECT: BOCC Agenda Item—Approve Improvements and
Road Maintenance Agreement For:
EM Property LLC—SPR25-0010
Request to Approve Improvements and Road Maintenance Agreement:
The Department of Planning Services received a request from the applicant, EM PROPERTY
LLC, requesting that the Board of County Commissioners consider approving the
Improvements and Road Maintenance Agreement for(SPR25-0010). No collateral is required
with this agreement.
Weld County Planning Services, Public Works, and the County Attorney's Office have
reviewed the above mentioned signed original document and observed the following:
• All Public Works related items, of the "Improvements & Road Maintenance
Agreement According To Policy Regarding Collateral For Improvements", are
found to be acceptable.
• This Agreement complies with the terms of the 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 Improvements&Road Maintenance Agreement According To
Policy Regarding Collateral For Improvements for SPR25-0010, and that this item be placed
on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
cc: Dawn Anderson, Planning Services
2025-3600
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IMPROVEMENTS&ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
EM Property LLC—SPR25-0010
'rifts AGREEMENT is made this
3��day of ,2025,by and between EM Property
LLC,a limited liability company organized under the laws of the State of Colorado,whose address is 4738
County Road 5, Erie, Colorado 80516, 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:
Part of Tracts 13, 14, and 15 of Ireland Gardens, located
in the N1/2 SW1/4 of Section 2,Township 1 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 SPR25-0010,and
WHEREAS,Property Owner acknowledges that the final approval of SPR25-0011 is conditional
upon Property Owner's funding and/or construction of the off-site improvements and road maintenance
described in this Agreement and depicted in the following incorporated exhibits:
Exhibit A — Future Off-Site Improvements Costs of Construction, to be attached if/when triggered,
pursuant to Part I,B.3.0,below
Exhibit B — Future Off-Site Improvements Construction Schedule, to be attached if/when triggered
pursuant to Part I,B.4.0,below
Exhibit C—Construction Plans,to be attached if/when triggered pursuant to Part I,A.,below
1 Exhibit D—Plat Map,and •
WHEREAS,Property Owner acknowledges that pursuant to the provisions of Weld County Code
Sec.23-2-170,the failure to commence construction of the improvements outlined herein within three(3)
.1 years of the approval of SPR25-0010 may result in the tennination or suspension of SPR25-0010, upon
consideration and order of the Board of County Commissioners,and
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WHEREAS, the parties agree that the Property Owner shall provide collateral for off-site
d improvements as required by this Agreement.
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6 3 NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the promises and covenants
c . contained herein,the parties hereto promise,covenant and agree as follows:
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PART I:SITE SPECIFIC PROVISIONS
A. Off-Site Improvements (as required by the BOCC): The Property Owner shall be responsible
for the construction of certain off-site safety improvements, which may include, but are not limited to:
construction of adequate turning radii of sixty-five(65)feet at the main entrances and exits which extend
into County road Rights-of-Way(ROW)connecting to the County road system, and off-site drainage and
signage installations, as indicated on the accepted Exhibit D and future Exhibit C, as required. On-Site
improvements that create more run-off than the historical amount may require off-site drainage
improvements to roads and ROW. Any approved access point(s) improvements will include standard
County approved tracking control and may include a double-cattle guard set (one right after the other),
placed back-to-back across the entire width of the access,to ensure a complete revolution of the truck tires
in order minimize the tracking of mud and debris onto the adjacent County Road.
B. Future Off-Site Improvements:
1.0 Traffic Triggers. When the traffic associated with the Site Plan Review Permit reaches certain
safety thresholds as set forth in this agreement, the Property Owner shall design, and construct required
road improvements based on the amount of traffic being generated by the site. The Property Owner's
development does not currently meet the traffic safety triggers requiring the improvements specified below;
however,off-site or phased improvements may be warranted in the future.
1.1 Property Owner shall be required to design, obtain right-of-way, relocate utilities, and
construct said auxiliary lanes into their site if/when all traffic to/from the Property meets the
following traffic triggers:
• Property Owner shall design and construct a left deceleration/turn lane on I-76
Frontage Road whenever traffic exceeds 10 vehicles per hour(VPH)turning left
into the Property for an average daily peak hour.
• Property Owner shall design and construct a right deceleration/turn lane on I-76
Frontage Road whenever traffic exceeds 25 VPH turning right into the Property
for an average daily peak hour.
• Property Owner shall design and construct a right acceleration lane on 1-76
Frontage Road whenever traffic exceeds 50 VPH turning right out of the Property
for an average daily peak hour.
• Property Owner shall design and construct a left acceleration lane on I-76 Frontage
Road whenever traffic exceeds 50 VPH turning left out of the Property for an
average daily peak hour or such a lane would be a benefit to the safety and
operation of the roadway. The County, in its sole discretion, shall determine if a
S I left acceleration lane is required.
2.0 Property Owner's Responsibilities regarding Future Triggers.Property Owner is solely responsible
o j for the cost and construction of required improvements. These responsibilities may include but are not
4 limited to the following,as applicable: design, surveys,utility locates, acquisition of ROW, dedication of
3 ROW,ROW and Access Permits and fees,coordination with oil and gas operators and facilities and affected
irrigation facilities and utilities,traffic control,and project safety during construction.Property Owner shall
o v°..1 ! obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, State, or County
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ma ro 3.0 Cost of Construction Exhibit.When any trigger is met,the Property Owner shall submit Exhibit A
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aA m m within six(6)months of being notified regarding the need for the triggered improvements, indicating the
0 z cost of construction estimates (engineer's estimate) to detail the costs used in determining the collateral
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requirement for the development. Construction costs must be obtained through a registered Colorado
Engineer. A registered Colorado Engineer must sign and stamp the construction cost exhibit for sites that
have project collateral. New or additional collateral may be required for the triggered improvements. If
required, collateral shall be submitted at the same time as Exhibit A. Exhibit A shall be attached to this
Agreement and incorporated herein once approved by the County.
4.0 Construction Schedule Exhibit. When any trigger is met, the Property Owner shall submit
Exhibit B within six (6) months of being notified regarding the need for the triggered improvements,
indicating the construction schedule,and including completion date for the improvements.Property owner
shall not commence construction of improvements prior to approval of the Construction Plans and receipt
of the appropriate Grading Permit,Access Permit,and/or ROW Permit.Property Owner shall complete all
improvements in accordance with the construction schedule exhibit. The construction of the triggered
improvements shall be completed within the specified timeframe, which may not exceed three (3)years
from the date the trigger is first met and shall,be completed as follows: Year 1 design deadline; Year 2
ROW/Utilities;Year 3 Construction.Property Owner shall collateralize 100%of the cost of the construction
improvements, including design, right-of-way, and utility relocation cost within six months of being
notified of meeting the triggers.Exhibit B shall be attached to this Agreement and incorporated herein once
approved by the County.
5.0 Collateral.Collateral for any additional improvements required by the triggers may be required by
the Board of County Commissioners, hereinafter referred to as the BOCC. Collateral is accepted and
released by the BOCC pursuant to the Weld County Code. Additional information about collateral is
outlined in Part ll.B of this Agreement.
6.0 As-Built Plans. "As-built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or once the Property Owner has completed improvements as described in Part IT.B,
Subsection 3.2.3,of this Agreement.Property Owner shall also provide an electronic copy of the as-built
drawings. The as-built drawings shall be stamped, signed, and dated by a licensed and registered
Professional Land Surveyor or Professional Engineer.
C. Haul Routes:The Property Owner shall be fmancially responsible for its proportional share of the
associated costs for 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) Employee traffic: East and west along I-76 Frontage Road between Town of Hudson's Beech
Street and Hudson's Town Limits of I-76 Frontage Road.
2) Truck Traffic: East and west along I-76 Frontage Road between approved site accesses and
County Road 49 through the jurisdiction of Town of Hudson.
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2.0 Haul trucks shall enter and exit the site at the approved access(es) on I-76 Frontage Road and
z remain on paved roadways for further dispersal. Any County roads used'by SPR25-0010 traffic may
become part of the established haul/travel routes.
3 3.0 Weight Limits.No travel vehicles may exceed CDOT required specifications for pounds-per-axle
a - and axle configurations,unless overweight permits have been applied for and granted.
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"�44.0 Temporary Deviations.In unusual or rare occasions,if projects mandate deviation from the above-
' 2 mentioned haul/travel route for a limited period (six months or less), the Weld County Department of
la a Planning Services may authorize, in writing,the deviation. In that circumstance, haul/travel vehicles will
to a-°° utilize paved County roads whenever possible. A deviation from the,established haul/travel route lasting
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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 BOCC 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.
7.0 Annual Review of Haul Route and Traffic Generation. The County may, in its sole discretion,
conduct a haul route and traffic generation review on an annual basis, in cooperation with the Property
Owner.The County shall provide written notice to the Property Owner of any violations or issues promptly
upon the availability of the necessary data.
D. 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
8 Improvement/Repair Costs, County shall notify Property Owner in writing that the Off-Site
,IImprovements/Repairs shall be undertaken.Within ninety(90)days of its receipt of County's notice of the
need to undertake the road maintenance repairs and/or improvements,Property Owner shall submit Off-Site
Construction Plans and Cost Estimates to County for review.Property Owner shall have sole responsibility
B �-■ for the completion of the repairs and/or improvements on or before December 15, of the year following
"m3 County's notice of the need for repairs.
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0116 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
w►E calculated as determined in this Agreement.Property Owner will be invoiced accordingly for those
a L proportional share costs.
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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 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
becomes 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. Engineering and Construction Requirements:
1.0 Engineering Services.Property Owner shall furnish to County, at its own expense, all engineering
services in connection with the design and construction of the off-site improvements and all on-site
drainage-related structures if required by any Municipal Separate Storm Sewer System (MS4)permit, as
identified on the accepted Construction Plans and according to the construction schedule set forth in the
construction schedule exhibits. 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
2 submission of necessary documents to the County.
2.0 Rights-of-Way and Easements.Before commencing the construction of any off-site improvements
y 1 herein agreed upon for public ROW or easements,Property Owner shall acquire, at its sole expense, good
o-� and sufficient ROW and easements made necessary for the improvements. The County will not exercise
� eminent domain on behalf of Property Owner.All such ROW and easements for the construction of roads
0.1 mi to be accepted by the County shall be conveyed to the County on County-approved forms and the documents
of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC
o M and recording.
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ce 3.0 Construction.Property Owner shall furnish and install,at its own expense,the improvements(and
ma any drainage-related structures required by any MS4 permit)identified on the accepted Exhibits and shall
aro m m 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 BOCC,
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at its option, may grant an extension of the time of completion set forth in construction schedule exhibits
stated herein upon application by the Property Owner. Said construction shall be in strict conformance to
the plans and drawings accepted by the County and the specifications adopted by the County.
4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction; and shall furnish copies of test
results to the County. If County discovers inconsistencies in the testing results, Property Owner shall
employ at its expense a third party qualified testing company approved by County. Such third party shall
furnish the certified results of all such testing to the County. At all times during said construction, the
County shall have the right to test and inspect material and work, or to require testing and inspection of
material and work at Property Owner's expense. Any material or work not conforming to the approved
plans and specifications, including but not limited to damages to property adjacent to the construction plan
area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Property
Owner.
5.0 Construction Standards.Design and construction of all off-site improvements shall conform to the
current version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld
County Engineering and Construction Criteria.
6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of
issuance of any ROW or Access Permit,the Property Owner shall submit a traffic control plan for County
review.During construction,appropriate safety signage shall be posted in accordance with the then-current
version of the Manual of Uniform Traffic Control Devices.
B. Collateral:
1.0 General Requirements for Collateral. Property Owner shall provide to County the necessary
collateral to guarantee all of Property Owner's obligations under this Agreement: (1)Project Collateral is
required for completion of off-site improvements,as described in this Agreement;(2) Warranty Collateral
is required for all off-site improvements during the two-year warranty period. Collateral acceptance and
release is governed by the Weld County Code.
1.1 Project Collateral shall be submitted to guarantee completion of off-site improvements
identified in the Exhibits.Project Collateral must be submitted in an amount equal to 125%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
S_ 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.
a a 3 1.2 Warranty Collateral shall be submitted and held by the County until release after the two-
'v year warranty period following the County's initial approval of the improvements. Warranty
o �mo 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.
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am m-- 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 8-2-40 of the Weld County Code, as that
Dia� section may be amended from time to time.
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3.0 Release of Collateral. Collateral shall be released in accordance with Section 8-2-30 of the Weld
County Code. For collateral release, County personal conducts inspections for on-site and 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 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.
3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the
entire project or for a portion of the project, the Property Owner must present a Statement of
Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of
Substantial Compliance shall state that the project or a portion of the project has been completed
in substantial compliance with accepted plans and specifications documenting the following:
3.2.1 The Property Owner's Engineer or his representative has made regular on-site
inspections during the course of construction and the construction plans utilized
are the same as those accepted by Weld County.
3.2.2 For the improvements to public rights-of-way or easements, test results must be
submitted for all phases of this project as per Colorado Department of
Transportation (CDOT) Schedule for minimum materials sampling, testing and
inspections found in CDOT Materials Manual.
3.2.3 "As-built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or at such time as the Property Owner has completed
improvements as shown on the Exhibit C and/or Exhibit D,and shall be stamped
and approved by an Engineer registered in the State of Colorado, if an Engineer
was initially required for the project. The Property Owner's Engineer shall certify
that the project "as-built" is in substantial compliance with the plans and
specifications as approved, or that any material deviations have received prior
written acceptance from a Development Review Engineer.
3.3 County's Response to Request for Release of Collateral. Following a written request for
release of collateral, County personnel will inspect the improvements as provided in this
Agreement.Upon approval,the Board of County Commissioners may release said collateral.
C. Acceptance of Improvements:
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1.0 Acceptance of Off-Site Improvements. Upon completion of the off-site improvements, Property
_ I Owner shall contact the Weld County Development Review and request an inspection of such
improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance
process.
44.a13 M 2.0 Inspection,Approval, and Acceptance Process:
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� 2.1 Upon completion of construction of all off-site improvements as described in the
m=2 Construction Plans, Property Owner shall submit to the Weld County Department of Planning
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n L Services a Statement of Substantial Compliance by Property Owner's Engineer along with "as-
(Low- built"drawings as required in subsection B.3.2.3,above,and shall request County inspection of the
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Off-Site Improvements. County personnel shall then inspect the improvements. If the County
determines the improvements were not constructed in accordance with the Construction Plans,the
County shall direct the Property Owner to correct the deficiencies. If the County determines the
improvements were constructed in accordance with the Construction Plans, the County shall
initially approve the Off-Site Improvements.
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 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 fmal
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.
D. 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.
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- 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.
m m E. Enforcement and Remedies:
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`~ a _1.0 Violation of Terms of Agreement.If in County's opinion,Property Owner has violated any of the
ao terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been
E violated and shall state with specificity the facts and circumstances which County believes constitute the
ma violation. Property Owner shall have fifteen (15) days within which to either cure the violation or
d m m- I 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.
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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.
2.4 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
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Collateral unless and until the improvements required by this Agreement are completed.
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3.3 Execution of Replacement Agreement_This Agreement shall terminate following County's
e. 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
B� intends to make use of the rights and privileges available to it through the then existing SPR.
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44..4; 3.4 Termination of SPR. This Agreement shall terminate following County's termination of
°LL Property Owner's SPR,except that the Property Owner shall only be released from this Agreement
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Ire after the successful completion of all improvements required under this Agreement,which may be
d completed by County after accessing Property Owner's collateral if Property Owner fails to
a) complete such improvements.
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F. General Provisions:
1.0 Successors and Assigns.
1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part,
without the prior express written consent of County and the written agreement of the party to whom
the obligations under this Agreement are assigned. Consent to a delegation or an assignment will
not be unreasonably withheld by County.In such case,Property Owner's release of its obligations
shall be accomplished by County's execution of a new Improvements Agreement with the
successor owner of the property.
1.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement.
2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction,this Agreement shall be construed and enforced without
such provision,to the extent that this Agreement is then capable of execution within the original intent of
the parties.
3.0 Governmental Immunity.No term or condition of this contract shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of
the Colorado Governmental Immunity Act§§24-10-101 et seq.,as applicable now or hereafter amended.
4.0 Amendment or Modification. Any amendments or modifications to this agreement shall be in
writing and signed by both parties.
5.0 No Third-Party Beneficiary.It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of
action whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
adesignee.
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U g 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 County District
®•3 Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said
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m 8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner,
H concerning this Agreement,the parties agree that each party shall be responsible for the payment of attorney
cr ro:66. fees and/or legal costs incurred by or on its own behalf.
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� ` 9.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and
� all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature�
N 0 'II
o — EM Property LLC—SPR25-0010—IA25-0007
anGeM Page 10 of 12
and description caused by,arising from,or on account of the design and construction of improvements,and
pay any and all judgments rendered against the County on account of any such suit, action or claim, and
notwithstanding section 7.0 above, together with all reasonable expenses and attorney fees incurred by
County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises
out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability,
loss, or damage arising from the intentional torts or the gross negligence of the County or its employees
while acting within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate worker's compensation insurance and public
liability insurance coverage and shall operate in strict accordance with the laws and regulations of the State
of Colorado governing occupational safety and health.
10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-
judicial body or person.Any provision to the contrary in this Agreement or incorporated herein by reference
shall be null and void.
11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is
duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and
warrants to the other 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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Page 11 of 12
PROPERTY OWNER:EM Property LLC
By: Date >z/eil2c
Name: /( I."o/-V" cVIc
Title: NO-"f/d` .a -
-STATE OF COLORADO )
ss.
County of Weld ✓sS _
The foregoing instrument was acknowledged before me this r day of Pe ce. h-
2025 by am liD ( VTC_
WITNESS my hand and official seal.
otary Pu is �. — —
CHERYL C.SWANSON
NOTARY PUBLIC-STATE OF COLORADO
NOTARY ID 20184048791
MY COMMISSION EXPIRES DEC 28,2026
WELD COUNTY: —_ ——__ ♦ ——_ .
ATTEST: WL 41r01742 BOARD OF COUNTY COMMISSIONERS
Weld Co my Cle k to the Board WELD COUNTY,COLORADO
BY: (%/71" ;--#7
Deputy Clerk to the Board 1 Perry L.Buc ,Chair
CEO 3 12025
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ZOZ5—,Sit) 007
Contract Fi•rrn
Entity Information
Entity Name* Entity ID* New Entity?To add a vendor in
EM PROPERTY LLC @00050629 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
IMPROVEMENTS AND ROAD MAINTENANCE 10210
AGREEMENT EM PROPERTY LLC SPR25-0010 Requires Board Approval
Contract Lead* YES
Contract Status JTRUJILLOMARTINEZ
CTB REVIEW Department Project# '
Contract Lead Email
jtrujillomartinez@weld.go
v
Contract Description*
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT EM PROPERTY LLC SPR25-0010 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?*
NO
Renewable* Department Head Email
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-
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
i
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
•
BOCC Agenda Date Originator
JTRUJILLOMARTINEZ
Agi
SITE PLAN REVIEW
Administrative Review
COUNTY, CO
Planner: Molly Wright Parcel No. 1473-02-0-01-001
Case Number: SPR25-0010
Proposed Use: Site Plan Review for Warehouse,Office,and Outdoor Storage in the 1-3(Heavy
Industrial)Zone District
Applicant: Spruance Consulting LLC c/o Tom Parko
1067 S Hover St Unit E, Longmont, CO 80501
Owner: EM Property LLC do Marko Mackovic
4738 County Road 8, Erie, CO 80516
Site Address: 22303 Interstate 76 Frontage Rd, Hudson, CO 80642
Legal Description: Part of Tracts 13-14-15 of Ireland Gardens Subdivision, being part of N2 SW4
of Section 2,T1 N, R65W of the 6th P.M., Weld County, Colorado
Size of Parcel: ± 8.35 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:
• Town of Hudson, referral dated August 20, 2025
•8 Hudson Fire Protection District, referral dated August 13, 2025
• Colorado Department of Transportation, referral dated August 11,2025.
• Weld County Department of Planning Services— Development Review, referral dated September 16,
2025
The Department of Planning Services'staff has received'referral responses without comments from the
following agencies:
•b Weld County Oil and Gas Energy Department, referral dated August 8, 2025
The Department of Planning Services'staff has not received responses from the following agencies:
❖ Colorado Division of Wildlife •
❖ Weld County Sheriff Department
❖ Platte Valley Conservation District
❖ Weld County School District RE-3J
•8 Colorado Department of Water Resources
SPR25-0010 I EM Property LLC
Page 1 of 7
Narrative:
The applicant, EcoMod, is proposing a Site Plan Review application within the 1-3 (Heavy industrial)Zone
District to house the company's warehouse and office space. EcoMod is a company that manufactures
modular home products. This process starts with a single-trip shipping container. The shipping container
gets plastic studs and closed-cell foam installed on the interior and exterior of the container,foam insulation
is then installed,followed by modifications to containers by installing windows and doors.The entire process
happens in our modular factory.
The subject site contains four (4) existing buildings, asphalt pavement, parking spaces, and an outdoor
storage area. Building A is 26,500 square feet, and Building B is 24,100 square feet. Building A and B will
be used as warehouses for EcoMod. Building C is 1,100 square feet and will be used as an office building.
Building D is 9,600 square,feet and is used as a storage building. The applicant is proposing outdoor
storage,which will be surrounded by a six(6)foot tall corregated metal fence.
Operation hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday,with up to twenty(20)employees
on site at a time.
The applicant is proposing 66 parking spaces, including three (3) ADA parking spaces. Based on the
number of employees (20 total) and the square footage of the warehouse (50,600) and the office (1,100),
the required parking spaces is 71 per Weld County Code Section Appendix 23-B. The applicant will need
to increase the number of parking spaces to seventy-one (71).
The applicant is proposing to use two (2) existing, permitted (AP19-00580), large commercial access on
County Road 12.3 (South 1-76 Frontage Road) located approximately 1,515 feet and 1,885 feet north of
Birch Street. The applicant's Traffic Impact Letter of May 21, 2025, estimated there will be twenty-five to
thirty (25-30) employees related to the business, and thirty (30) employees used in the traffic impact
analysis. The analysis calculated that the site would produce one hundred and two (102) daily trip ends,
seventeen(17)morning peak hour trip ends,and sixteen(16)afternoon peak hour trip ends.The applicant's
Traffic Impact Letter of November 19,2025,states that eighty(80)percent of employee traffic will be coming
from the west,while twenty(20)percent of employee traffic will be coming from the east.All truck traffic will
come and go to the east on South 1-76 Frontage Road.
Planning Services shall require a new Site Plan Review for the addition of any new buildings or change of
use 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 address the comments of the Hudson Fire Protection District, as stated in the
referral response received August 13, 2025. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
B. An Improvements and Road Maintenance Agreement is required for triggered off-site
improvements at this location. Road maintenance includes, but is not limited to, damage repair to
specified haul routes. The agreement will detail the approved haul route(s), outline when off-site
improvements will be triggered, and include a maintenance agreement for the 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 SPR25-0010.
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.
SPR25-0010 I EM Property LLC
Page 2 of 7
•
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 landscaping, fencing, and screening features, as detailed in the accepted
Landscaping and Screening Plan. Include detail and specifications on the site plan.
J. 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.
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.
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.
3) Provide a table that indicates surface type and the percentages of each.
L. Include black and white (no color) building images of all four sides embedded into the site plan
sheets. Label the use of each building.
M. The applicant shall adhere to the lighting standards, in accordance with Section 23-2-160.U.6 of
the Weld County Code.
N. 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.
O. The applicant shall provide seventy-one (71) off-street parking spaces for the employees,
customers,and vendors of this facility.The dimensions of the parking stalls shall adhere to Section
23-4-30.B and Appendix 23-A of the Weld County Code.
P. Any outside storage of equipment or materials shall be screened with opaque screening from public
rights-of-way and all adjacent properties.
SPR25-0010 I EM Property LLC
Page 3 of 7
Q. County Road 12.3 (South 1-76 Frontage Road) is a paved 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 and label the 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.
R. Show and label the approved access locations,approved access widths and the appropriate turning
radii (65').
S. 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.
T. Show and label the existing retention ponds and label each pond,"Stormwater Retention, No-Build
or Storage Area".
U. Show and label the drainage flow arrows.
V. The following notes shall be placed on the map:
1. A Site Plan Review, SPR25-0010, for Warehouse, Office, and Outdoor Storage in the 1-3
(Heavy Industrial)Zone District
2. The number of employees shall be up to twenty (20) full-time employees, as stated in the
application materials.
3. The hours of operation shall be from 8:00 a.m. to 5:00 p.m. Monday through 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-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. All signs shall adhere to Chapter 23,Article IV, Division 2 of the Weld County Code.
7. 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.
8. 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.
9. All lighting shall adhere to Section 23-2-160.U.6. and Section 23-4-30.E. of the Weld County
Code
10. 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.
SPR25-0010 I EM Property LLC
Page 4 of 7
11. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off-site tracking.
12. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
13. 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.
14. The Property Owner shall comply with all requirements provided in the executed Improvements
and Road Maintenance Agreement.
15. The Improvements and Road Maintenance Agreement for this site may be reviewed on an
annual basis, including a site visit and possible updates.
16. 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.
17. Weld County is not responsible for the maintenance of onsite drainage related features.
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 and
the accepted waste handling plan.
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.
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. 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.
26. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in Section 14-9-40 of the Weld County Code.
SPR25-0010 I EM Property LLC
Page5of7
27. 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.
28. The facility shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code.
29. 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.
30. All structures, including signs, on site must obtain the appropriate building permits.
31. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended.
32. 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.
33. 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.
34. 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.
35. 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.
SPR25-0010 I EM Property LLC
Page 6 of 7
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 the release of building permits:
A. 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.
Conditionally Approved on:December 10, 2025
b O r
Y•
Molly Wr' , Planner II
SPR25-0010 I EM Property LLC
Page 7 of 7
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