HomeMy WebLinkAbout20232020.tiff6-71A,A-e,e /D#797
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for:
George L. Sandberg Irrevocable Trust do Big Bend Boat and RV Storage, LLC — SPR23-0005
DEPARTMENT: Planning Services DATE: June 27, 2023
PERSON REQUESTING: Jazmyn Trujillo -Martinez
r
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant, George L. Sandberg Irrevocable
Trust c/o Big Bend Boat and RV Storage, LLC, requesting that the Board of County Commissioners consider
approving the Improvements and Road Maintenance Agreement for (SPR23-0005). 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.'
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 Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral For Improvements for SPR23-0005, and that this item be placed on the next regularly scheduled BOCC
Hearing, as part of the Consent Agenda.
/Agpr_cm Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
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2023-2020
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Karla Ford
From:
Sent:
To:
Cc:
Subject:
Approve
Sent from my iPhone
Mike Freeman
Wednesday, July 5, 2O23 11:49 AM
Kevin Ross
Karla Ford
Re: Please Reply - BOCC PA REVIEW SPR23-OOO5 — Big Bend
On Jul 5, 2O23, at 5:1O PM, Kevin Ross <kross@weld.gov>wrote:
Approve
Kevin Ross
From: Karla Ford <kford@weld.gov>
Sent: Wednesday, July 5, 2O23 11:O4:O3 AM
To: Mike Freeman <mfreeman@weld.gov>; Kevin Ross <kross@weld.gov>
Subject: Please Reply - BOCC PA REVIEW - SPR23-OOO5 — Big Bend
Please advise if you support recommendation. Thank you.
Karla Ford 'e
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: Kford(a�weldgov.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
< i m ageOO2 . j pg>
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: Wednesday, July 5, 2O23 8:25 AM
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 Parko
Jr <tparko@weld.gov>
Subject: BOCC PA REVIEW - SPR23-OOO5 — Big Bend
ATTACHED BOCC PA REVIEW
Improvements Agreement: Improvements and Road Maintenance Agreement
Case/Applicant: SPR23-OOO5 — George L. Sandburg Irrevocable Trust c/o Big Bend Boat and RV Storage,
LLC
Karla Ford
From:
Sent:
To:
Subject:
Approve
Kevin Ross
Kevin Ross
Wednesday, July 5, 2O23 9:1O AM
Karla Ford; Mike Freeman
Re: Please Reply - BOCC PA REVIEW - SPR23-OOO5 — Big Bend
From: Karla Ford <kford@weld.gov>
Sent: Wednesday, July 5, 2O23 11:O4:O3 AM
To: Mike Freeman <mfreeman@weld.gov>; Kevin Ross <kross@weld.gov>
Subject: Please Reply - BOCC PA REVIEW - SPR23-OOO5 — Big Bend
Please advise if you support recommendation. Thank you.
Karla Ford x
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: k1ord@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 -moil 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: Wednesday, July 5, 2O23 8:25 AM
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 Parko Jr
<tparko@weld.gov>
Subject: BOCC PA REVIEW - SPR23-OOO5 - Big Bend
ATTACHED BOCC PA REVIEW
Improvements Agreement: Improvements and Road Maintenance Agreement
Case/Applicant: SPR23-OOO5 — George L. Sandburg Irrevocable Trust c/o Big Bend Boat and RV Storage, LLC
Please note: Consent Agenda
Thanks Karla!!
Best,
1
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
George L. Sandberg Irrevocable Trust c/o Big Bend Boat and RV Storage, LLC — SPR23-0005
THIS AGREEMENT is made this okS day of , 2023, by and between George L.
Sandberg Irrevocable Trust c/o 1 Bend Boat and RV Storage, LLC, a limited liability company organized
under the laws of the State of 1p kos00 , whose address is 17215 Weld County Road 46, LaSalle,
Colorado 80645, 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 A and Lot B of LLA22-0004; Being part of the SW l/4
Section 12, Township 4 North, Range 66 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 SPR23-0005, and
WHEREAS, Property Owner acknowledges that the final approval of SPR23-0005 is conditional
upon Property Owner's understanding of the future triggered off -site improvements and road maintenance
described in this Agreement and depicted in the following incorporated exhibits:
Exhibit A — Future Off -Site Costs of Construction, to be attached if/when triggered pursuant to Part I, B.,
below
Exhibit B — Future Off -Site Construction Schedule, to be attached if/when triggered pursuant to Part I, B.,
below
Exhibit C — Construction Plans, to be attached when triggered pursuant to Part I, A., below
Exhibit D — Plat Map (recorded simultaneously with this Agreement), and
WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code
Sec. 23-2-170.B, the failure to commence construction of the improvements outlined herein within three
(3) years of triggering may result in the termination or suspension of SPR23-0005, upon consideration and
order of the Board of County Commissioners, and
WHEREAS, the parties agree that the Property Owner shall provide collateral for off -site
improvements as required by this Agreement if/when improvements are triggered.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein, the parties hereto promise, covenant and agree as follows:
4911328 Pages: 1 of 12
07/26/2023 12:08 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Etri Ala
George L. Sandberg Irrevocable Trust c/o Big Bend Boat and RV Storage, LLC — SPR23-0005 — IA23-0005
Page 1 of 1.1.
PART I: SITE SPECIFIC PROVISIONS
A. Off -Site Improvements (as required by the BOCCI: The Property Owner shall be responsible
for the construction of certain off -site safety improvements as identified in the SPR hearing Resolution,
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 Use by Special 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:
Design and construct a paved roadway along CR 46 from CR 35 to just east of
approved site access or participate in proportional share of county determined
paving whenever traffic exceeds gravel capacity or becomes a safety hazard to
traveling public.
Property Owner shall design and construct a left deceleration/turn lane on CR 46
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 CR 46
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 CR 46
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 CR 46
whenever 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 left acceleration lane is
required.
2.0 Property Owner's Responsibilities regarding Future Triggers. Property Owner is solely responsible
for the cost and construction of required improvements. These responsibilities may include but are not
limited to the following, as applicable: design, surveys, utility locates, acquisition of ROW, dedication of
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
George L. Sandberg Irrevocable Trust c/o Big Bend Boat and RV Storage, LLC — SPR23-0005 — IA23-0005
Page 2 of 1 .
obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, State, or County
regulatory agencies.
3.0 Cost of Construction Exhibit. When any trigger is met, the Property Owner shall submit Exhibit A
within six (6) months of being notified regarding the need for the triggered improvements, indicating the
cost of construction estimates (engineer's estimate) to detail the costs used in determining the collateral
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 II.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 II.B,
Subsection 3.23, 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. Future Safety Improvements
1.0 Future Road Improvements of CR 46 and CR 35. In the event that the County fmds the need for
safety improvements to CR 46 and/or CR 35 in order to improve the overall public health and safety, the
Property Owner shall be responsible for a proportional share of the total overall cost of improvements of
the said intersection. The Property Owners proportional share will be based on Property Owners traffic
contribution.
D. Haul Routes: The Property Owner shall be financially 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) East and west on CR 46 between CR 35 and approved site access, and
2) North and south on CR 35 between CR 46 and CR 44.
George L. Sandberg Irrevocable Trust c/o Big Bend Boat and RV Storage, LLC — SPR23-0005 — IA23-0005
Page 3 of 11..
2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 46 and travel east -west to
the nearest paved road for further dispersal. Any County roads used by SPR23-0005 traffic 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), the Weld County Department of
Planning Services may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will
utilize paved County roads whenever possible. A deviation from the established haul/travel route lasting
more than six (6) months, or requests for one (1) or more deviations within a twelve (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 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.
E. Maintenance Requirements:
1.0 Off -site recurring maintenance, if applicable, as required:
2.0 Dust Control. Property Owner shall be financially responsible for its proportional share of dust
control on unpaved designated haul/travel routes after commencement of operation. The amount and extent
of dust control will be determined by site -specific conditions at the time, as determined exclusively by
County personnel. Dust abatement along the relevant haul/travel routes is expected to occur approximately
two to five times per year. Dust abatement is required for roads with more than 200 vehicles per day, per
section 8-6-100 of the Weld County Code.
3.0 Repair. Property Owner shall be fmancially 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.
4.0 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).
5.0 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
George L. Sandberg Irrevocable Trust c/o Big Bend Boat and RV Storage, LLC — SPR23-0005 — IA23-0005
Page 4 of a.
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. 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
for the completion of the repairs and/or improvements on or before December 15, of the year following
County's notice of the need for repairs.
5.1 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.
6.0 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 fmal
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.
7.0 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.
8.0 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
George L. Sandberg Irrevocable Trust c/o Big Bend Boat and RV Storage, LLC — SPR23-0005 — IA23-0005
Page 5 of la
of, but not be limited to surveys, designs, plans and profiles, estimates, construction supervision, and the
submission of necessary, documents to the County.
2.0 Rights -of -Way and Easements. Before commencing the construction of any off -site improvements
herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, good
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
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
and recording.
3.0 Construction. Property Owner shall furnish and install, at its own expense, the improvements (and
any drainage -related structures required by any MS4 permit) identified on the accepted Exhibits and shall
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,
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 100% 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
George L. Sandberg Irrevocable Trust c/o Big Bend Boat and RV Storage, LLC — SPR23-0005 — IA23-0005
Page 6oft .
Board of County Commissioners. In the event that Property Owner fails to adequately complete
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.
1.2 Warranty Collateral shall be submitted and held by the County until release after the two-
year warranty period following the County's initial approval of the improvements. Warranty
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.
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 2-3-30 of the Weld County Code, as that
section may be amended from time to time.
3.0 Release of Collateral. Collateral shall be released in accordance with Section 2-3-30 of the Weld
County Code. For collateral release, County personnel 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.
3.23 "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.
George L. Sandberg Irrevocable Trust c/o Big Bend Boat and RV Storage, LLC — SPR23-0005 — IA23-0005
Page 7 of 12-.
33 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:
1.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property
Owner shall contact the Weld County Development Review Team and request an inspection of such
improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance
process.
2.0 Inspection, Approval, and Acceptance Process:
2.1 Upon completion of construction of all off -site improvements as described in the
Construction Plans, Property Owner shall submit to the Weld County Department of Planning
Services a Statement of Substantial Compliance by Property Owner's Engineer along with
"as -built" drawings as required in subsection B.3.23, above, and shall request County inspection
of the 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 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 final
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: The 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.
George L. Sandberg Irrevocable Trust c/o Big Bend Boat and RV Storage, LLC — SPR23-0005 — IA23-0005
Page8of 12.
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.
E. Enforcement and Remedies:
1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the
terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which County believes constitute the
violation. Property Owner shall have fifteen (15) days within which to either cure the violation or
demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the
violation is continuing, County may consider Property Owner to be in breach of this Agreement.
2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner
has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any
or all of the following remedies, or any other remedy available in law or equity.
2.1 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
events:
Termination of Agreement. This Agreement shall terminate upon the earliest of the following
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
George L. Sandberg Irrevocable Trust c/o Big Bend Boat and RV Storage, LLC — SPR23-0005 — IA23-0005
Page 9of"I0—
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.
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
m 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
',3,1,-,' the parties.
Tri N'
H w 3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as
V .r, a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of
�1"gm the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
X ° N 4.0 Amendment or Modification. Any amendments or modifications to this agreement shall be in
A
ri (8 r 8 writing and signed by both parties.
---,4g, "' 5.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms
ro 's,',7; 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
o this Agreement shall be an incidental beneficiary only.
t
W
NI
George L. Sandberg Irrevocable Trust c/o Big Bend Boat and RV Storage, LLC — SPR23-0005 — IA23-0005
Page 10 of IA-.
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
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
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
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.
George L. Sandberg Irrevocable Trust c/o Big Bend Boat and RV Storage, LLC — SPR23-0005 — IA23-0005
Page 11 of "! Y
PROPERTY O R: Big B + d Boat and RV Storage, LLC
By: Date 4.-....17.L3
Name: II. ( 44 -cam. Foci)
Title: PA4,--r, ' En_
STATE OF COLORADO
SS.
County of Weld
The foregoing instrument was acknowledged before me this2S day of 3
202 3 by A
Ries,/
WITNESS my_ hand and official scat.
LYNNE LECHMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19964018692
MY COMMISSION EXPIRES FEB. 5.2026
Public
irchn4001
WELD COUNTY:
ATTEST: d4telft/ti X.11O;ok.
Weld C ,I toy Clerk to the B and
BY:
Deputy Cl /k to t e Bo.1)4
I
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ike Freeman, Chair
JUL 1 7 2323
George L. Sandberg Irrevocable Trust c/o Big Bend Boat and RV Storage, LLC — SPR23-0005 — IA23-0005
Page /.Z of "12. - aPow'
Contract Form
New Contract Request
Entity Information
Entity Name.
BIG BEND BOAT AND RV STORAGE
Entity ID*
x'00047189
Contract Name.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
GEORGE L. SANDBERG IRREVOCABLE TRUST C r'O BIG BEND
BOAT AND RV STORAGE, LLC
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
7197
Contract Lead
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujil lomartinez@weldgov.c
om
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT GEORGE L. SANDBERG IRREVOCABLE TRUST C O BIG BEND BOAT
AND RV STORAGE, LLC NO COLLATERAL REQUIRED
Contract Description 2
Contract Type.
AGREEMENT
Amount.
$ 0.00
Renewable.
NO
Automatic Renewal
Grant
!GA
Department
PLANNING
Department Email
CM-Planningo'weldgov.com
Department Head Email
CM-Planning-
DeptHeadweldgov,com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EYSWELDG
OV.COM
Requested BOCC Agenda
Date.
0717,2023
Due Date
07x13 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
On Base
Contract Dates
Effective Date Review Date. Renewal Date
07 1 7. 2024
Termination Notice Period
Committed Delivery Date
Expiration Date*
07;1 7/2025
Contact Information
Contact Info
Contact Name
Purchasing
Contact Type Contact Email
Contact Phone I Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
TOM PARKO JR.
DH Approved Date
07/1112023
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07/17/2023
Originator
JTRUJILLOMARTINEZ
Finance Approver
CHERYL P,ATTELLI
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
07 11:2023 07.'11 2023
Tyler Ref #
AG 071723
Planner:
Diana Aungst
Case Number: SPR23-0005
SITE PLAN REVIEW
Administrative Review
Parcel Nos. Lot A:
1057-12-3-00-011
1057-12-3-00-012
Lot B:
1057-12-3-00-013
Proposed Use: A Site Plan Review for Agricultural Support and Service (Winter Seed & Ag
Services); Outdoor Storage and Commercial Storage Buildings (outdoor and indoor
storage of RVs, boats, trailers, personal, commercial, agricultural vehicles, and
equipment); Offices; and Parking areas for commercial vehicles, in the 1-2 (Medium
Industrial) Zone District
George L. Sandberg Irrevocable Trust, FBO Jennifer Lynn Sandberg and
Owners:
George L. Sandberg Irrevocable Trust, FBO Michelle K. Sandberg
Applicant: Big Bend Boat and RV Storage, LLC do Jeff Winter
17215 County Road 46 LaSalle, CO 80645
Site Address: 17215 WCR 46, La Salle, CO 80645
Legal Descriptions: Lot A and Lot B of LLA22-0004; Being part of the SW4 Section 12, T4N, R66W of
the 6th P.M., Weld County, CO
Size of Parcels: Lot A: Lot B: Total: Zone District: 1-2 (Medium Industrial)
+/- 6.8 ac +/- 38.7 ac +/- 49.4 ac
+/- 3.9 ac
Site Plan Review Standards
Comments
Meets Code
Site Plan Certification
Included in Application
YES
Drainage Facilities
Per Public Works referral dated April 7, 2023
NO
Off-street Parking
Per Section 23-4-20. thru 23-4-40. and Appendices 23-A
and B of the Weld County Code
YES
Loading Area
Per Section 23-4-50
YES
Access
Per Public Works referral dated April 7, 2023
YES
Setback Requirements
Per Section 23-3-340.A. 25 foot setback
YES
Offset Requirements
Per Section 23-3-340.B. 10 foot offset
YES
Landscaping/Screening
Per Sections 23-2-160.M. and 23-3-320.C. see
comments below
NO
Trash Collection and Storage
Per Section 23-2-160.T. must be screened
YES
Potable Water
Per Section 23-2-160.F. CWCWD # 003229-01 (Lot A):
bottled water (Lot B)
YES
Sewage Disposal
Per Section 23-2-160.G. Septic # SP -1700352 (Lot A);
portable toilets (Lot B)
YES
Environment Standards
Per application
YES
Property Maintenance
Per Section 23-2-160.U.7. see comments below
NO
SPR23-0005 I Winter
Page 1 of 7
Background
The original Special Use Permit, USR17-0003, was approved by the Board of County Commissioners on
April 12, 2017, for an office and storage facility for Winter Seed and Ag Services, LLC (a seed dealership)
and Big Bend Boat and RV Storage facility for indoor and outdoor storage of RV's, boats, construction
equipment, commercial vehicles, trailers, and semi -trucks. There is a dump station on site as well. These
two businesses have been in operation since 2017. The original USR Map was recorded on June 28, 2017,
per reception No. 4314160.
The first amendment to the USR, 1 MUSR19-17-0003, was approved by the Department of Planning
Services on August 26, 2019, for the addition of Mosquito Joe (MoJo) of Northern Colorado and eight (8)
parking spaces for a business that rents U -Haul type moving trucks, moving and utility trailers, and mobile
storage containers. Mosquito Joe is sharing office space with the seed dealership and requested to park
two (2) commercial vehicles in the storage yard. Mosquito Joe has increased the number of commercial
vehicles on the site to sixteen (16) and the applicant has stated that twelve (12) of those vehicles will be
stored inside the new 7,800 sf shop and the other four (4) vehicles will be parked outside. The seed
dealership and the fertilizer storage and sales business will have five (5) trucks and three (3) spray rigs for
a total of eight (8) commercial vehicles. These eight (8) commercial vehicles will be parked in the new shop
or seed warehouse when not is use and during the busy season these vehicles will be parked outside. The
U -Haul type rental business has not yet been established. The Minor Amendment also allows for mobile
storage containers to be stored inside the primary structure where the seed business and Mosquito Joe's
offices are located. The Minor Amendment MUSR map was recorded on November 18, 2020, per reception
No. 4652634.
Closure of the County Road 35 and County Road 46 intersection
On February 28, 2022, the Board of County Commissioners voted to approve Resolution 2022-0674. This
resolution is a Crossing Closure and Maintenance Agreement between Weld County and Union Pacific
Railroad (UPRR) to permanently close the at -grade public road crossing for County Road 46 and 35. This
is the intersection that is currently being utilized by most of the customers and employees of these
businesses. This traffic will now need to use County Road 44 and then drive north on County Roads 35 and
then east on County Road 46 to access the subject property. This closure is expected to occur in early
2023. The applicant is aware of this closure.
Summary
The site currently houses three (3) businesses on one site: Big Bend Boat & RV Storage, Mosquito Joe
(MoJo), and Winter Seed & Ag Services. Big Bend is an RV and boat storage facility that provides covered
of outdoor storage of boats, RV's, personal vehicles, commercial vehicles, agricultural equipment,
commercial equipment, and portable storage, MoJo is a pest management business, that warehouses
vehicles and offices onsite, and Winter Seed & Ag Services is an agricultural seed dealership that has seed
storage and sales onsite.
This Site Plan Review will allow for the expansion of Big Bend Boat & RV Storage. There are about 200 RV
storage spaces on the site currently. The expansion of Big Bend will add about 400 new storage spaces
for a total of about 600 RV storage spaces with about 200 covered storage spaces.
The hours of operation for Big Bend are 24 -hours a day / 7 -days a week. Customers will access the site via
a keypad. The hours of operation for the seed dealership and Mosquito Joe's are 6:00 a.m. and 8:00 p.m.
7 -days a week. The seed dealership is open eight (8) weeks in the spring, from April 1St to May 31St and
Mosquito Joe operates from April to October. The other times of the year the seed dealership and Mosquito
Joe will not have regular office hours.
Winter Seed and Storage and Mosquito Joe have four (4) full-time office employees. MoJo also has twelve
(12) part-time/seasonal employees. The part-time/seasonal employees will operate daily offsite.
The existing RV storage facility is surrounded by a 6 -foot chain link fence that was installed in 2017 with no
slats. In order for the site to meet the screening requirements the slats must be added to the chain -link
fence. According to the application materials the newly added RV storage area on Lot B will be screened
with a privacy fence along County Road 46 and "with slatted or un-slatted chain -link fence (if storage vaults
are stationed along fence as a barrier) on east and north sides of property." The outdoor storage is required
SPR23-0005 I Winter
Page 2of7
to have opaque screening i.e. vinyl, wood, or metal panel fencing. New chain -link fencing with or without
slates does not meet the requirement of opaque fencing. The storage vaults shall not be utilized as
screening.
The applicant is proposing a ten (10) foot wide washed -rock strip located north of and adjacent to County
Road 46 between the businesses and the road as landscaping. This ten (10) foot wide washed -rock strip
meets the requirements of the Landscape Setback per Section 23-2-160.M.2., however, additional
screening is required along the north/northwest and east boundaries of the storage area. An updated
Landscaping/Screening Plan is required.
The existing structures on site include: a 40' x 240' (9,600 SF) storage building, a 40' x 80' (3,200 SF)
building for warehouse space for Winter Seed & Ag Services, and a 48' x 20' (960 SF) office area for Winter
Seed & Ag Services and Big Bend storage. In January of 2022 building permit CMA22-0061 was issued for
a 30' x 20' (600 SF) office to be utilized by MoJo. Another recent build on the site, per building permit
CMN22-0066, is a 40' x 130' (5,200 SF) building which has a 40' x 40' (1,600 SF) enclosed storage area
for MoJo and a 90' x 40' (3,600 SF) covered storage portion for RVs, boats, etc. The future buildings
proposed for the site include: one (1) 50' x 275' building, and two (2) 40' x 240' buildings all of which will be
covered storage. Outdoor storage will be in fenced areas not utilized for covered storage. There will be
46,150 sq ft of covered storage for RVs and boats when the site is fully built out.
MoJo has six (6) commercial vehicles and their employee parking will be within the fenced storage area.
Ten (10) parking spaces for employees and customers are proposed along with two (2) ADA parking spaces
The seed dealership also has an unloading and loading area. The parking and loading meet the code
requirements.
No additional lighting is proposed for the site.
There is no water source proposed for Lot B. Lot A is supplied by Central Weld Water District Account
Number 003229-01. Lot A has an existing on -site wastewater treatment system permitted for 4 people (SP -
1700352) and a RV dump Permit SP -17000353. Lot B will have no sewage disposal system. There will be
one portable toilet in the outdoor storage area. Per the Weld County Department of Public Health and
Environment portable toilets and bottled water can be utilized.
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. An Improvements and Road Maintenance Agreement is required for a proportional share of
proposed off -site improvements at this location. Road maintenance includes, but is not limited to,
dust control and damage repair to the specified travel route.
B. An acceptable Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required.
C. The applicant shall provide a Landscaping/Screening Plan that meets the requirements of Section
23-3-160.M. and Sec. 23-3-320.C. of the Weld County Code.
D. The applicant shall address the requirements of Division of Water Resources, as stated in the
referral response received April 5, 2023. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
E. The applicant shall attempt to address the concerns of the Town of LaSalle, as stated in the referral
response received April 13, 2023. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
F. The applicant shall acknowledge the comments from the Weld County Oil and Gas Energy
Department, as stated in the referral response received April 5, 2023. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
SPR23-0005 I Winter
Page 3 of 7
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 SPR23-0005.
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 delineate the location of the trash enclosure, in accordance with Section 23-2-
160.T of the Weld County Code.
D. The applicant shall adhere to the lighting standards, in accordance with Section 23-2-160.U.6 of
the Weld County Code.
E. This site will be required to meet all requirements of the American Disability Act (ADA). ADA
parking spaces are twenty (20) feet by eight (8) feet with five (5) foot aisles. One (1) ADA parking
space 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.
F. The off-street vehicle parking shall adhere to Section 23-4-20 thru 23-4-40 and Appendices 23-A
and B of the Weld County Code.
G. The off-street loading spaces shall adhere to Section 23-4-50 of the Weld County Code.
H. A generalized sketch of the building elevations depicting the style, size and exterior construction
materials of the buildings both existing and proposed per Section 23-2-160.K of the Weld County
Code.
I. Any outside storage of vehicles, equipment or materials shall be screened with opaque screening
from public rights -of -way and all adjacent properties.
J. 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.
K. The signature blocks shall meet the requirements of Section 23-2-160.W.16 of the Weld County
Code.
L. County Road 46 is a gravel 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 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.
M. Show and label the approved access locations, approved access width and the appropriate turning
radii on the site plan.
N. Show and label the existing approved tracking control on the site plan.
O. 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.
P. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property.
SPR23-0005 I Winter
Page 4 of 7
Q. Show and label the accepted drainage features. Stormwater ponds/conveyances should be labeled
as "Stormwater Retention/Conveyance, No -Build or Storage Area" and shall include the calculated
volume.
R. The following notes shall be placed on the map:
1) A Site Plan Review for Agricultural Support and Service (Winter Seed & Ag Services); Outdoor
Storage and Commercial Storage Buildings (outdoor and indoor storage of RVs, boats, trailers,
personal, commercial, agricultural vehicles, and equipment); Offices; and Parking areas for
commercial vehicles, in the 1-2 (Medium Industrial) Zone District.
2) The number of employees shall be (4) full-time office employees and twelve (12) part-
time/seasonal employees.
3) The hours of operation for Big Bend are 24 -hours a day / 7 -days a week. The office hours shall
be 6:00 a.m. and 8:00 p.m. 7 -days a week.
4) In accordance with the Weld County Code, no land, building or structure shall be changed in
use or type of occupancy, developed, erected, constructed, reconstructed, moved or
structurally altered or operated in the Commercial Zone District until a Site Plan Review has
been approved by the Department of Planning Services.
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) No hazardous materials shall be stored on site.
8) All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
9) Landscaping and screening materials as indicated in the approved Site Plan shall be
maintained at all times. Required landscaping and screening shall be installed within one (1)
calendar year of issuance of a building permit or commencement of use, whichever occurs
sooner. Dead or diseased plant materials shall be replaced with materials of similar quantity
and quality at the earliest possible time.
10) Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private streets.
No colored lights may be used which may be confused with, or construed as, traffic control
devices.
11) All lighting shall adhere to Section 23-2-160.U.6. and Section 23-4-30.E. of the Weld County
Code.
12) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code.
13) The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking.
14) 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
Agreement.
16) The Improvements Agreement for this site may be reviewed on an annual basis, including a
site visit and possible updates.
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17) Weld County is not responsible for the maintenance of onsite drainage related features.
18) The historical flow patterns and runoff amounts on the site will be maintained.
19) 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.
20) 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.
21) 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
facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
22) 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.
23) This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
as delineated in as delineated in 25-12-103 C.R.S.
24) Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. 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) Any additional hydraulic load to the existing On -site Wastewater Treatment system will require
an Evaluation from a Colorado Registered Professional Engineer. The engineer's evaluation
shall be submitted to the Weld County Environmental Health Department. In the event the
system is found to be inadequate, the system must be brought into compliance with current
Weld County On -site Wastewater Treatment System Regulations.
26) A permanent, adequate water supply shall be provided for drinking and sanitary purposes, as
applicable. (Central Weld Water District)
27) Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. For 10 or less customers or visitors per day, and 2 or less
full-time employees on site, portable toilets and bottled water are acceptable. Records of
maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and
available for review by the Weld County Department of Public Health and Environment.
Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers
and be screened from public view.
28) The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code.
29) The sale of Lot B separately from Lot A requires a new tap purchase from Central Weld County
Water District for Lot B.
30) 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.
31) All structures, including signs, on site must obtain the appropriate building permits.
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.
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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.
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 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.
4. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the
specified timeline from the date the administrative review was signed, a $50.00 recording continuance
fee shall be added for each additional 3 -month period.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
Conditionally Approved on: May 26, 2023
by: rCV
Diana Aungst, Planner I
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