HomeMy WebLinkAbout20231871.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance Agreement for:
Pioneer Scale Company Inc. — SPR23-0004
DEPARTMENT: Planning Services DATE: June 13, 2023
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problemlissue:
The Department of Planning Services received a request from the applicant, Pioneer Scale Company Inc.,
requesting that the Board of County Commissioners consider approving the Road Maintenance Agreement for
(SPR23-0004). 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.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. The Departments of Planning Services, Public Works, and the County Attorney's Office are
recommending approval of the Road Maintenance Agreement According To Policy for SPR23-0004, and that
this item be•placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Approve
Recommendation
Vtnc
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Schedule
Work Session Other/Comments:
p-(DA/3114/KR/CCa)
e&• 07/26/23
" 7 of. 2 6 at
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2023-1871
��a.5ao
Karla Ford
From:
Sent:
To:
Subject:
Approve
Kevin Ross
Kevin Ross
Tuesday, June 13, 2023 2:21 PM
Karla Ford
Re: Please Reply - BOCC PA REVIEW - SPR23-0004 — Pioneer Scale
From: Karla Ford <kford@weld.gov>
Sent: Tuesday, June 13, 2023 3:06:08 PM
To: Kevin Ross <kross@weld.gov>
Subject: Please Reply - BOCC PA REVIEW - SPR23-OOO4 — Pioneer Scale
Please advise if you approve recommendation. Thank you.
Karla Ford
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford(c weldgov.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. if you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of
this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Jazmyn Trujillo -Martinez <jtrujillomartinez@weld.gov>
Sent: Tuesday, June 13, 2023 2:02 PM
To: Cheryl Hoffman <choffman@weld.gov>; Daniel Mesa <dmesa@weld.gov>; Dawn Anderson
<dranderson@weld.gov>; Esther Gesick <egesick@weld.gov>; Karla Ford <kford@weld.gov>; Tom Parka Jr
<tparko@weld.gov>
Subject: BOCC PA REVIEW - SPR23--0004 — Pioneer Scale
ATTACHED BOCC PA REVIEW
Improvements Agreement: Road Maintenance Agreement
Case/Applicant: SPR23-OOO4 — Pioneer Scale Company Inc.
Please note: Consent Agenda
Thanks Karla!
Best,
Jazmyn Trujillo -Martinez
I
ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Pioneer Scale Company Inc. — SPR23-0004
THIS AGREEMENT is made this 6th day of June, 2023, by and between Pioneer Scale Company
Inc., a corporation organized under the laws of the State of Arkansas, whose address is 2101 Congo Road,
Suite 1000 Benton, Arkansas, 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 "O" Street, Greeley, Colorado 80631
hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the following described property in the County of
Weld, Colorado:
Lot 10, Block 6, 2nd Corrected Vista Commercial Center
Filing #2, Section 8, Township 2 North, Range 68 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 SPR23-0004, and
WHEREAS, Property Owner acknowledges that the final approval of SPR23-0004 is conditional
upon Property Owner's understanding 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/Travel Routes: The Property Owner shall be financially responsible for its proportional
share of the County's costs associated with maintaining and/or improving designated haul/travel routes.
1.0 Haul/Travel Routes. The following roads are designated as haul/travel routes for the Property:
1) East and west along Skyway Drive between Sandstone Drive and County Road 3.5.
2) North and south along County Road 3.5 between Skyway Drive and Highway 119.
2.0 Traffic shall enter and exit the site at the approved access on Skyway Drive and remain on paved
roadways for further dispersal. Any County roads used by traffic associated with SPR23-0004 may become
part of the established haul/travel routes.
3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds per axle
and axle configurations unless overweight permits have been applied for and granted.
4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the
above -mentioned haul/travel route for a limited period (six months or less), Weld County Planning Services
may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved county
Pioneer Scale Company Inc. — SPR23-0004 — RMA23-0010
Page 1 of 7
,71oa3-i871
roads whenever possible. A deviation from the established haul/travel route lasting more than six (6) months
or requests for one (1) or more deviations within a 12 -month period shall authorize the County to change
the haul/travel routes designated herein and provide notice to the Property Owner.
5.0 Haul Route Signage. Property Owner shall install travel route signs, if applicable, as per Manual
of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen
by drivers leaving the facility and which clearly depict County approved travel routes.
6.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board pursuant to this
Agreement, no use of any roads other than those specifically authorized for use in this Agreement is
permitted without the prior written amendment of this Agreement.
B. Maintenance Requirements:
1.0 Off -site recurring maintenance, if applicable, as required:
2.0 Repair. Property Owner shall be financially responsible for its proportional share of excavation,
patching, and pavement repair on designated haul/travel routes. The amount and extent of repair and paving
measures will be determined by site -specific conditions at the time, as determined exclusively by County
personnel.
3.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by project
traffic that causes an immediate threat to public health and safety or renders the road impassible
("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant Damage.
Property Owner shall identify the repair required and shall consult with County on the extent, type, timing,
materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt
of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If
Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property
Owner may commence repair of such Significant Damage and shall concurrently notify County of the
extent, type, timing, materials and quality of repair (i.e. temporary versus permanent).
4.0 Repair of Road: On or before December 31 of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul/travel route road portion will
require paving measures in order to protect the public health, safety, and welfare, and the County has
budgeted sufficient funds for the following calendar year to pay its share of the Off -Site
Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -Site
Improvements/Repairs shall be undertaken.
4.1 In County's sole discretion, County may undertake the repairs and/or improvements.
Property Owner's payment for its Proportionate Share of the road repairs/improvements will be
calculated as determined in this Agreement. Property Owner will be invoiced accordingly for those
proportional share costs.
5.0 Calculation of Property Owner's Proportional Share of Costs. The County shall notify Property
Owner of County's preliminary determination and assessment of Property Owner's proportional share of
costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to
County's final determination and assessment, County shall provide Property Owner with a reasonable
opportunity to review, comment upon and supplement County's data, collection methodology, and
determinations. The County shall review and consider Property Owner's input prior to making a final
determination and assessment. The County shall have sole responsibility for determination of Property
Pioneer Scale Company Inc. — SPR23-0004 — RMA23-0010
Page 2 of 7
Owner's proportional share of costs. Property Owner agrees to pay such proportional share of costs within
30 days of receiving an invoice from County.
6.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of
Property Owner and all other Property Owners and/or Lessees who are required by County to participate in
road improvement/maintenance agreements for the haul routes designated in this Agreement. As a result of
the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further
determine what road repair/improvement/maintenance work is to be performed during that construction
season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data
become available.
7.0 Notification. The County shall notify Property Owner of County's preliminary determination and
assessment of Property Owner's proportionate share of costs of maintenance, repair, or improvements to
Property Owner's designated haul/travel routes. Prior to County's final determination and assessment,
County shall provide Property Owner with a reasonable opportunity to review, comment upon and
supplement County's data, collection methodology, and determinations. The County shall review and
consider Property Owner's input prior to making a final determination and assessment.
PART H: 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 Remedies:
1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the
terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which County believes constitute the
violation. Property Owner shall have fifteen (15) days within which to either cure the violation or
demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the
violation is continuing, County may consider Property Owner to be in breach of this Agreement.
2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner
has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any
or all of the following remedies, or any other remedy available in law or equity.
Pioneer Scale Company Inc. — SPR23-0004 — RMA23-0010
Page 3 of 7
2.1 Withholding Permits. County may "lock" any or all lots within the Property, which
precludes the continued issuance of building permits, zoning permits, septic permits, or any other
permit issued by any department of the County.
2.2 Court Action. County may seek relief in law or equity by filing an action in the Weld
District Court or Federal District Court for the District of Colorado, except that no such civil action
or order shall be necessary to access collateral for the purpose of completing improvements as
described above.
2.3 Termination of SPR Permit. Property Owner acknowledges that failure to comply with the
terms of this Agreement constitutes cause to terminate the SPR, and County may exercise this
option in its sole discretion by proceeding with termination under the then current provisions of the
Weld County Code.
3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following
events:
3.1 Failure to Commence. County may terminate this Agreement upon or after termination of
the underlying land use approval under Weld County Code Section 23-2-170.B. 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.
.V.--
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
Tom- ▪ after the successful completion of all improvements required under this Agreement, which may be
3 completed by County after accessing Property Owner's collateral if Property Owner fails to
":-..: complete such improvements.
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roc. C. General Provisions:
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LL 2 - 1.0 Successors and Assigns.
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1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part,
a_ 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
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Pioneer Scale Company Inc. — SPR23-0004 — RMA23-0010
Page 4 of 7
shall be accomplished by County's execution of a new Improvements Agreement with the
successor owner of the property.
1.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement.
2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of
the parties.
3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of
the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of
action whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement. This
Agreement may be changed or supplemented only by a written instrument signed by both parties.
6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision 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
g 3 Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said
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
a3 fees and/or legal costs incurred by or on its own behalf.
r~1--
o mII ` 9.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and
m� m all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature
a E ; S and description caused by, arising from, or on account of the design and construction of improvements, and
1aY5 pay any and all judgments rendered against the County on account of any such suit, action or claim, and
dam; notwithstanding Section 7.0 above, together with all reasonable expenses and attorney fees incurred by
maCounty in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises
m s` out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability,
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RIOo�i Pioneer Scale Company Inc. — SPR23-0004 — RMA23-0010
Page 5of7
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.
Pioneer Scale Company Inc. — SPR23-0004 — RMA23-0010
Page 6 of 7
PROPERTY OWNER: Pioneer Scale Company Inc.
By: L.‘%?.:5;7
Name: boo. ► FeLn occ.nc
Title: U-(ce.,ce_c
STATE OF COLORADO
County of Weld
Date
SS.
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The foregoing instrument was acknowledged before me this b day of n�
202, by
(Y\m1r1< Gi\le_Teie
WITNF4S my hand ++rl f� :mil ceal.
MARK GILLESPIE
SAUNE COUNTY
NOTARY PUBLIC —ARKANSAS
My Commission Expires 01-26-2033
Commis** 127214521
WELD COUNTY:
datilLeti
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ATTEST:G:'Vi
Weld C . n Clerk to the Bo
BY:
Deputy Cl to t c e Boar
littglitid
Notary Public
BOARD OF COUNTY COMMISSIONERS
W ..wG�.OUNTY, COL( DO
erry L.,uck, Pro-Tem
JUL 0 5 2323
Pioneer Scale Company Inc. — SPR23-0004 — RMA23-0010
Page 7 of 7
Contract Form
New Contract Request
Entity Information
❑ New Entity?
Entity Name*
PIONEER SCALE COMPANY INC
Entity ID'
00047281
Contract Name*
ROAD MAINTENANCE AGREEMENT PIONEER SCALE
COMPANY INC SPR23-0004
Contract Status
CTB REVIEW
Contract ID
715
Contract Lead*
JTRUJILLOMARTINEZ
Contract Lead Email
3trujillomartinezgweldgov.c
0 t1
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description.
ROAD MAINTENANCE AGREEMENT PIONEER SCALE COMPANY INC SPR23-0004 NO COLLATERAL REQUIRED
Contract Description 2
Contract Type*
AGREEMENT
Amount.
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
PLANNING
Department Email
CM-PlanningAweldgov. corn
Department Head Email
CM-Planning-
DeptHeadAnveldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY: WELDG
OV.COM
Requested BOCC Agenda
Date.
06:28,2023
Due Date
06'24;2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
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
06'28 2023
Termination Notice Period
Committed Delivery Date
Expiration Date *
06 28 2023
Contact Information
Contact Info
Contact Name
Purchasing
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
TOM PARKO JR.
DH Approved Date
06;26 2023
Final Approval
BOCC Approved
BOCC Signed Date
1OCC Agenda Date
07 05 2023
Originator
JTRUJILLOMARTINEZ
Finance Approver
CHERYL PATTELLI
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
06,'27:2023 06;28.'2023
Tyler Ref #
AG 070523
SITE PLAN REVIEW
Administrative Review
Planner: Chris Gathman Parcel No. 1313-08-2-08-010
Case Number: SPR23-0004
Proposed Use: Site Plan Review fora Office and Retail/Service Establishment (Commercial Scale
Sales, repair and Service Business) in a Planned Unit Development with C-3
(Business Commercial) and I-1 (Light Industrial) Zone District Uses (Vista
Commercial PUD)
Applicant: Pioneer Scale Company Inc. C/O Michael McDaniel — Baker Constructors
Site Address: TBD
Legal Description: Lot 10, Block 6, 2. Corrected Vista Commercial Center Filing #2
Size of Parcel: ± 1.19 acres
Zone District: Planned Unit Development for C-3 (Business Commercial) and I-1 (Industrial)
Zone Uses
Summary
This is a Site Plan Review (SPR) request to construct a two-story building totaling 6,041 gross square feet.
The building will be occupied by a commercial scale sales and commercial business. Pioneer scale deals
with scale repair, rental, calibration, certification and repair. The building will consist of offices and a
reception area and a three -bay service shop. The building is proposed to be serviced by the Left Hand
Water District and St. Vrain Sanitation District. The application indicates up to ten (10) employees and office
hours will be 7:00 am to 5:00 pm Monday through Friday. Two (2) to four (4) visitors are anticipated at any
time. One small warehouse forklift will be utilized in conjunction with this business.
The site plan shall be revised to satisfy items detailed herein and on attached site plan review checklists.
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 requirements of the St. Vrain Sanitation District as stated in their
referral response received 3/22/2023. (St. Vrain Sanitation District)
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 travel routes.
C. A Final Drainage Report, that addresses MS4 requirements, and Certification of Compliance
stamped and signed by a Professional Engineer registered in the State of Colorado is required.
SPR23-0004
Page 1 of 7
D. The applicant shall address the requirements (concerns) of the Mountain View Fire Protection
District, as stated in the referral response received March 16, 2023. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
E. A sign is delineated on the building elevation. A sign detail with dimensions shall be provided for
review by the Department of Planning Services.
2. The map shall be amended to delineate the following:
A. All pages of the Site Plan Review Map shall be labeled Site Plan Review SPR23-0004.
B. The Site Plan Review Map shall be prepared in accordance with Sections 23-2-160.W of the Weld
County Code.
C. The applicant shall place a typical cross-section of the parking lot on the plat and identify the depth
of base and concrete or full depth concrete according to the Weld County Code, Sections 8-2-40.A,
Appendix 8-B.
D. Skyway Drive is a paved road and is designated on the Weld County Functional Classification Map
as a local road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate
and label on the site map or plat the future and existing right-of-way (along with the documents
creating the existing right-of-way) and the physical location of the road. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County.
E. Show and label the approved access location, approved access width and the appropriate turning
radii on the site plan. The applicant must obtain an access permit in the approved location prior to
construction.
F. Show and label the accepted drainage features. Permanent Control Measures should be labeled
as "No-Build/No Storage Area" and shall include the calculated design volume.
G. Show and label the parking and traffic circulation flowarrows showing how the traffic moves around
the property.
H. The applicant shall delineate the location of all curb stops in the parking areas per Section 23-4-
30.D of the Weld County Code.
I. Delineate an installation schedule which specifies when the landscaping will be installed on site.
J. Update the signature blocks to be consistent with the requirements of the Weld County Code
Section 23-2-160.W.16.
Q. The following notes shall be placed on the map:
1) A Site Plan Review, fora commercial scale sales and service business, in a Planned Unit
Development with C-3 (Business Commercial) and I-1 (Light Industrial) Zone District Uses
(Vista Commercial PUD).
2) The number of employees shall be up to ten (10), as stated in the application materials.
3) The hours of operation shall be 7:00 AM to 5:00 PM, Monday to Friday, as stated in the
application materials.
4) Should outside storage of vehicles, equipment or materials occur on this property, the materials
shall be screened from public rights -of -way and all adjacent properties. Chain -link fencing with
slats, fabric, or pallets is not an acceptable screening material. Plant material or other opaque
materials shall be used to soften the appearance of the screen.
SPR23-0004
Page 2of7
5) In accordance with the Weld County Code, no land, building or structure shall be changed in
use or type of occupancy, developed, erected, constructed, reconstructed, moved or
structurally altered or operated in the Commercial Zone District until a Site Plan Review has
been approved by the Department of Planning Services.
6) The application does not propose any portion of the site to be leased to another party. If 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.
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 issuance of a building permit or commencement of use, whichever occurs
sooner. Dead or diseased plant materials shall be replaced with materials of similar quantity
and quality at the earliest possible time.
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) 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.
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 Road
Maintenance Agreement.
15) The Road Maintenance Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
16) This site is located in the MS4 area and is subject to the regulations of the state -issued MS4
Permit.
17) Once the permanent control measure has passed final inspection by Public Works, the site
shall be routinely inspected at a frequency determined by Public Works, usually o n an annual
basis unless otherwise noted, for the life of the control measure. Inspections occur to ensure
the permanent control measure remains fully operational and is being adequately maintained
according to the site's Operation and Maintenance Plan. Upon sale of the property, the
responsibility of maintaining permanent control measures shall be transferred to the new
owner.
18) The historical flow patterns and runoff amounts on the site will be maintained.
19) Weld County is not responsible for the maintenance of onsite drainage related features.
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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.
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) The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
25) Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times.
26) The facility shall utilize St. Vrain Sanitation District for sewage disposal.
27) The facility shall utilize Left Hand Water District for water services.
28) The facility shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code.
29) All structures, including signs, on site must obtain the appropriate building permits.
30) Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the Weld County Road Impact Program.
31) 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.
32) No building unit shall be constructed within two hundred fifty (250)feet of any oil and gas facility,
nor within fifty (50) feet of any plugged and abandoned oil and gas well. No other building shall
be constructed within fifty (50) feet of -any oil and gas facility nor any plugged and abandoned
oil and gas well.
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. Majorchanges 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.
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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 fora 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.
2. 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 Mylar, along with all other documentation required as conditions of approval. The Mylar shall be
recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The
Mylar 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.
3. 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.
4. Prior to the release of building permits:
A. A Final Site Plan and building construction plans must be submitted to the Mountain View Fire
Protection District for review and approval. The applicant shall submit written evidence of approval
to the Department of Building Inspection. (Mountain View Fire Protection District)
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.
5. Prior to the release of the Certificate of Occupancy:
A. A final inspection of the occupancy will be required by a member of the Mountain View Fire
Protection District. (Mountain View Fire Protection District)
Prior to Construction:
B. The approved access and tracking control shall be constructed prior to on -site construction.
C. A Weld County Grading Permit will be required.
D. The applicant shall notify Public Works of the anticipated start date and schedule a stormwater
inspection. If construction has commenced without contacting Public Works, the site will be in
violation, a stop work order will be issued, and further enforcement actions may be pursued.
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6. During Construction:
A. Public Works shall be allowed to enter the premises to inspect temporary control measures (BMPs)
for proper installation and maintenance as detailed in the site's Grading Permit. Inspections occur
to ensure adequate measures are taken to protect the landowner, neighboring properties, adjacent
roadways and nearby waterways from the potentially adverse effects of stormwater runoff.
Inspections shall occur at a frequency determined by the site's compliance, with higher inspection
frequencies for non-compliance.
7. Prior to Certificate of Occupancy:
A. The applicant shall submit an As -Built Drawing of each permanent control measure, signed and
stamped by a Professional Engineer registered in the State of Colorado. After the submittal, Public
Works shall be allowed to enter the premises to inspect the permanent control measure(s) to
confirm proper installation, as detailed in the drawing.
Conditionally Approved on: May 5, 2023
by:
Chris Gathman, Planner
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