HomeMy WebLinkAbout20260416 MEMORANDUM
TO: Clerk to the Board
1861 .�
DATE: February 12,2026
1-11E
T Y \ FROM: Jazmyn Trujillo-Martinez, Planning Services Dept.
COUNTY
SUBJECT: BOCC Agenda Item—Approve Road Maintenance
Agreement For:
Reality Holdings LLC c/o D&S Steel Buildings CO—SPR25-0012
Request to Approve Road Maintenance Agreement:
The Department of Planning Services received a request from the applicant, Reality Holdings
LLC c/o D&S Steel Buildings CO, requesting that the Board of County Commissioners
consider approving the Road Maintenance Agreement for (SPR25-0012). No collateral is
required with this agreement.
Weld County Planning Services, Public Works, and the County Attorney's Office have
reviewed the above mentioned signed original document and observed the following:
• All Public Works related items, of the "Road Maintenance Agreement According
To Policy", are found to be acceptable.
• This Agreement complies with the terms of the Site Plan Review Permit conditional
approval, as signed by the Director of Planning Services.
Recommendation:
The Departments of Planning Services, Public Works, and the County Attorney's Office are
recommending approval of the Road Maintenance Agreement According To Policy for
SPR25-0012, and that this item be placed on the next regularly scheduled BOCC Hearing, as
part of the Consent Agenda.
cc: Dawn Anderson, Planning Services
Co \r‘S q d� ce..pL(vg/MN/na/DA/arm/KR/MW) 2026-0416
0 o3/3i/26 - - -
ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Reality Holdings LLC c/o D&S Steel Buildings CO—SPR25-0012
THIS AGREEMENT is made this 9 day of f-e , 202( , by and between Reality
Holdings LLC, 101 E 4th Street Road, Greeley, Colorado 80631, do D&S Steel Buildings CO, 1503 2nd
Avenue, Greeley, Colorado 80631, 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, Block 1 of Geisert Industrial PUD, Part of Section
4, Township 5 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 SPR25-0012, and
WHEREAS, Property Owner acknowledges that the final approval of SPR25-0012 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 S
County's costs associated with maintaining and/or improving designated haul/travel routes.
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1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property: 3 s
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1)East and west along E.4th Street Road between 1st Avenue and approved site access m3
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2.0 Haul trucks shall enter and exit the site at the approved access(es)on E.4th Street Road and remain oil,o y
on paved roadways for further dispersal. Any County roads used by traffic associated with SPR25-0012
may become part of the established haul/travel routes. iii to
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3.0 Weight Limits.No travel vehicles may exceed CDOT required specifications for pounds per axle d N
and axle configurations unless overweight permits have been applied for and granted. 0C
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4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the N o
above-mentioned haul/travel route for a limited period(six months or less),Weld County Planning Services ,73N
may authorize; in writing,the deviation.In that circumstance,haul/travel vehicles will utilize paved county ®N ro—
roads whenever possible.A deviation from the established haul/travel route lasting more than six(6)months Imo
Reality Holdings LLC c/o D&S Steel Buildings CO—SPR25-0012—RMA26-0003
Page 1 of 7
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.temporaty versus permanent).
4.0 Repair of Road: On or•before December 31 of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul/travel route road portion will
require paving measures in order to protect the public health, safety, and welfare, and the County has
budgeted sufficient funds for the following calendar year to pay its share of the Off-Site
Improvement/Repair Costs, County shall notify Property Owner in writing that the Off-Site _
Improvements/Repairs shall be undertaken.
4.1 In County's sole discretion, County may undertake the repairs and/or improvements. 2
Property'Owner's payment for its Proportionate Share of the road repairs/improvements will be 8
calculated as determined in this Agreement.Property Owner will be invoiced accordingly for those -i
proportional share costs.
•
5.0 Calculation of Property Owner's Proportional Share of Costs. The County shall notify Property 0�
Owner of County's preliminary determination and assessment of Property Owner's proportional share of ®3=
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 oLL
opportunity to review, comment upon and supplement County's data, collection methodology, and aIz g
determinations. The County shall review and consider Property Owner's input prior to making a final i __
determination and assessment. The County shall have sole responsibility for determination of Property trimaY
Owner's proportional share of costs.Properly Owner agrees to pay such proportional share of costs within N •
30 days of receiving an invoice from County. t9 A
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Reality Holdings LL,C do D&S Steel Buildings CO—SPR25-0012—RMA26-0003 N
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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.
B. Enforcement-and.Re hedies
1.0•,'• Violation of Terms of Agreement.. If in County's opinion, Property Owner has violated any of the MI
terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been 2
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 ie
demonstrate compliance. •If. after,fifteen (15) days have elapsed, County believes in good faith'that the
violation is continuing. County:may consider Property Owner to be in breach of this Agreement.
2.0 Remedies for.Breacft by Property Owner.In the event that County determines that Property Owner
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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. • o�o
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2.1. :.•Withholding.;Reny its: County may "lock" any or all lots within the Property, which .131
precludes the continued issuance of building permits, zoning permits, septic permits, or any other �-.a 5 g
• permit.issued by any:departnientof the County. - : . • oN m X
IDE
413ma MM.ti
.. Reality Holdi:gs LLC clo D S Steel Buildings CO—SPR25-0012 RMA26-0003- . .. .. i N se
Page 3 of 7 . . . ao Nam=
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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
Property Owner's SPR,except that the Property Owner shall only be released from this Agreement
after the successful completion of all improvements required under this Agreement,which may be
completed by County after accessing Property Owner's collateral if Property Owner fails to
complete such improvements.
C. General Provisions:
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1.0 Successors and Assigns. ML-
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1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part, m
without the prior express written consent of County and the written agreement of the party to whom •
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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 °,i
shall be accomplished by County's execution of a new Improvements Agreement with the '1' 4
successor owner of the property. as
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Reality Holdings LLC c/o D&S Steel Buildings CO—SPR25-0012—RMA26-0003 �nN ai
Page 4 of 7 a
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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 included
or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null
and void.In the event of a legal dispute between the parties,the parties agree that the Weld County District
Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said I
dispute.
8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner,
concerning this Agreement,the parties agree that each party shall be responsible for the payment of attorney "i
fees and/or legal costs incurred by or on its own behalf.
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 ®•3
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 o ��
notwithstanding Section 7.0 above, together with all reasonable expenses and attorney fees incurred by a7 u.
County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises rd
out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, �a
loss, or damage arising from the intentional torts or the gross negligence of the County or its employees
while actingwithin the scope of their employment. All contractors and other employees engaged in a-2m�
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construction of the improvements shall maintain adequate worker's compensation insurance and public `" -
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Reality Holdings LLC do D&S Steel Buildings CO—SPR25-0012—RMA26-0003 mg;
Page 5 of 7 co®81111
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 parry'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.
•
5085336 Pages: 6 of 7
02/27/2026 10:20 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
IIIIRICIPliChilal/VIE141111101)11/110:111311LiAllimk III III
Reality Holdings LLC c/o D&S Steel Buildings CO--SPR25-0012—RMA26-0003
Page 6 of 7
PROPERTY OWNER: REALITY HOLDINGS LLC
By: Date A, - Li - 2 6,
Name: I C_. .e_ c;, -
Title: '�^r \1,C'r1'} LORI ANNAND
(t'd NOTARY PUBLIC
ATE
STATE OF COLORADO ) NOTARY Df 20044002D3O76
) ss. MY COMMISSION EXPIRES OCT. 2, 2028
County of Weld )
The foregoing instrument was acknowledged before me this t i play of w_inv v-
202LI, by_YA tJi .d Q, hajc .
WITNESS my hand and official seal. L LiddACd
NA"F
Notary Public
PROPERTY OWNER: D&S STEEL BUILDINGS CO
1; 941/ _ Date 7--6-' - a C
Name: pSL.N.a, LOhct' 'Q
Title: C U 0 — — — — — — — —
o LOURDES ALVAREZ I i.
STATE OF COLORADO ) I NOTARY PUBLIC-STATE OF COLORADO)
0 NOTARY ID 20204003536
SS. ( MY COMMISSION EXPIRES JAN 27,202B ) O
County of Weld ) , _ __ _ ___ A V-;
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The foregoing instrument was acknowledged before me this 0ia day of Ph/ocIIIi {
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202 j, by , h,J'! LC�b�-4 3�
WITNESS my hand and official seal. / °LL off'
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WELD COUNTY: N a
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ATTEST:ATTEST: �!•' '" '` 0, BOARD OF COUNTY COMMISSIONERS toN,._�
Weld County Cl k to the Board WELD COUNTY, COLORADO ! o;m=
BY: '
Deputy Clerk t:a :
Holdings I itei ji- pgs ) —SPR25-0012- RMA26-0003
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2.02(0-041 to
\MEM. SITE PLAN REVIEW
Administrative Review
COUNTY, CO
Planner: Molly Wright Parcel No. 0961-04-2-02-001
Case Number: SPR25-0012
Proposed Use: Site Plan Review for a Distribution Center (Seed Storage) in the 1-3 (Heavy
Industrial)Zone District
Applicant: Reality Holdings LLC do Michael Hays
101 E 4th Street Road, Greeley, CO 80631
Representative: D&S Steel Buildings CO do Joshua Lobato
1503 2nd Avenue, Greeley, CO 80631
Legal Description: Lot 3, Block 1 of Geisert Industrial PUD, Part of Section 4, T5N, R65W Of The
6th P.M., Weld County, Colorado
Size of Parcel: ± 1.35 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:
+ City of Greeley, referral dated December 8, 2025
• Weld County Department of Planning Services— Development Review, referral dated December 11,
2025
:• Weld County Department of Planning Services— Development Review Floodplain, referral dated
December 11, 2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
❖ Weld County Oil and Gas Energy Department, referral dated November 18, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
• Colorado Division of Wildlife
• City of Greeley Water District
S• Greeley Fire Protection District
s West Greeley Conservation District
+ Colorado Department of Transportation
• Colorado Department of Water Resources
SPR25-0012 I Reality Holdings LLC
Page 1 of 7
Narrative:
The applicant is proposing a Site Plan Review application in the 1-3 (Heavy Industrial) Zone District to
provide additional dry storage for seeds. The site is currently vacant, and there is one (1) 12,000 square
foot building proposed on site. This building will be used for inside storage. All storage materials are
delivered, stored, and distributed in sealed packaging. If spill occurs, the seed will be saved and re
packaged in a sperate container for distribution.
The proposed hours of operations are Monday through Friday from 8:00a.m.to 5:00p.m. There will be three
(3) part-time employees at this location. Sewage disposal, and water will be served by the City of Greeley.
There will be a three (3)yard dumpster in a screened structure on the west side of the building. There will
be no outside storage on site.
The existing site is gravel and grass vegetation. Once completed the site will have approximately 15,000
square feet of building, 5,000 square feet of concrete approaches, and approximately 20,000 square feet
of landscaping including screening along E 4th Street Road. The rest of the site will remain gravel and
grass vegetation.
The applicant is proposing twelve (12) parking spaces, including two (2) ADA parking spaces. Based on
the number of employees (13 total) and the square footage of the warehouse (15,000) and the office
(2,000), the required number of parking spaces is thirteen (13) per Weld County Code Section Appendix
23-B. The applicant will need to add one(1)parking space to be compliant with Weld County Code Section
Appendix 23-B.
The site is in the 500 year floodplain.
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 address the comments of the City of Greeley, as stated in the referral response
received December 8, 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.
C. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required.
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 SPR25-0012.
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 and 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.
SPR25-0012 I Reality Holdings LLC
Page 2 of 7
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.
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 elevation drawings or 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 two(2)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. East 4th Street 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. The applicant shall
delineate and label on the SPR map the existing right-of-way (along with its creating documents)
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. Show the approved Colorado Department of Transportation (CDOT) access and label with the
approved access permit number, if applicable.
P. Show and label the approved tracking control.
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, if applicable.
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. Show the floodplain boundaries on the map. Label the floodplain boundaries with the FEMA Flood
Zone and FEMA Map Panel Number or appropriate study.
SPR25-0012 I Reality Holdings LLC
Page 3 of 7
V. The following notes shall be placed on the map:
1. A Site Plan Review, SPR25-0012, for a Distribution Center (seed storage) in the 1-3 (Heavy
Industrial)Zone District.
2. There will be three(3) part-time employees on site, as stated in the application materials.
3. The hours of operation shall be from 8:00a.m. to 5:00p.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. 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.
SPR25-0012 I Reality Holdings LLC
Page 4 of 7
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. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified.
20. 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.
21. 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.
22. 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.
23. 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.
24. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times.
25. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in 25-12-103 C.R.S.
26. 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.
27. The facility shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code.
28. Building permits may be required, for any new construction, set up of manufactured structures,
or change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings
and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2018
International Building Codes, 2018 International Energy Code, 2020 National Electrical Code,
and Chapter 29 of the Weld County Code. A Building Permit Application must be completed
and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered
architect or engineer must be submitted for review. A Geotechnical Engineering Report,
performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. A
building permit must be issued prior to the start of construction.
29. All structures, including signs, on site must obtain the appropriate building permits.
30. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended.
31. Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County Facility Fee, County-Wide Road Impact Fee, and Drainage Impact Fee Programs.
SPR25-0012 I Reality Holdings LLC
Page 5 of 7
32. Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review
map and the approved use and type of occupancy. Major changes from the approved Site Plan
Review map, use or type of occupancy shall require the approval of an amended Site Plan
Review by the Department of Planning Services. The Department of Planning Services is
responsible for determining whether a major change exists, in which case a new Site Plan
Review application and processing shall be required. Any other changes shall be filed in the
Department of Planning Services in the approved Site Plan Review file.
33. Construction of improvements pursuant to approval of a Site Plan Review shall be commenced,
and continual progress shall be made, within three (3) years from the date of approval, or the
approval shall terminate thirty (30) days following notice to the applicant. The Director of
Planning Services may grant a one-time extension of up to one hundred twenty(120)days,for
good cause shown, upon a written request by the landowner.Before this extension has expired,
the applicant may seek a further extension from the Board of County Commissioners by written
request to the Director of Planning.
34. Approval of a Site Plan Review shall terminate when the use is discontinued for a period of
three (3)consecutive years or a new Site Plan Review is approved. Should the Department of
Planning Services observe or receive credible evidence of a discontinuance for a period of
three (3) consecutive years, the Department Director shall notify the applicant and property
owner by first-class mail of such termination. The Director's decision to terminate the approval
of the Site Plan Review may be appealed by the applicant and/or property owner pursuant to
the provisions of Chapter 2, Article IV, Section 2-4-10 Appeals Process of the Weld County
Code.
3. The applicant shall submit one (1) electronic (pdf) copy of the site plan review map for preliminary
approval to the Department of Planning Services. Upon approval of the map,the applicant shall submit
a Site Plan Review map, along with all other documentation required as conditions of approval. The
Site Plan Review map shall be recorded in the office of the County Clerk and Recorder by the
Department of Planning Services. The Site Plan Review map and additional requirements shall be
recorded within one hundred twenty (120) days from the date the administrative review was signed.
The applicant shall be responsible for paying the recording fee. If the Site Plan Review Map has not
been recorded within one hundred twenty (120) days from the date the administrative review was
signed, or if an applicant is unwilling or unable to meet any of the conditions within one hundred twenty
(120) days of approval, the application will be forwarded to the Weld County Code Compliance for
violation. The Director of Planning Services may grant an extension of time, for good cause shown,
upon a written request by the applicant.
4. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the
specified timeline from the date the administrative review was signed, a $50.00 recording continuance
fee shall be added for each additional 3-month period.
SPR25-0012 I Reality Holdings LLC
Page 6 of 7
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 Operation:
A. The existing access on East 4th Street Road shall be reconfigured to meet the commercial
geometry prescribed in Table 8-3 of the Weld County Engineering and Construction Criteria
manual.
B. The required tracking control shall be constructed.
Conditionally Approved on:December 29, 2025
by:
0 �rQ
Molly Wr' , Planner II
SPR25-0012 I Reality Holdings LLC
Page 7 of 7
Contract Form
Entity Information
Entity Name Entity ID New Entity? Please use the job
D&S STEEL BUILDINGS CO SUP-51 794 aid linked here to add a
❑supplier in Workday.
New Entity Information
Name* Legal Name Entity Type
Address* City State Zip Code
TIN #
Remarks (W9 info if required)*
Contract Name Contract ID Parent Contract ID
ROAD MAINTENANCE AGREEMENT REALITY HOLDINGS 10386
LLC C/O D&S STEEL BUILDINGS CO SPR25-001 2 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 REALITY HOLDINGS LLC C/O D&S STEEL BUILDINGS CO SPR25-001 2 NO
COLLATERAL REQUIRED
Contract Description 2
Contract Type Department* Requested BOCC Agenda Due Date
AGREEMENT PLANNING Date 02/14/2026
02/18/2026
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 Bid/RFP#
IGA ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORNEY@WEL
D.GOV
Grant Deadline Date
IGA Deadline Date
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
02/18/2027
Termination Notice Period Expiration Date
Committed Delivery Date 02/18/2028
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
DAWN ANDERSON CHRIS D'OVIDIO BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
02/13/2026 02/14/2026 02/17/2026
Final Approval
BOCC Approved Doc ID#
AG022526
BOCC Signed Date
Originator
BOCC Agenda Date
JTRUJILLOMARTINEZ
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