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HomeMy WebLinkAbout20221344.tiffLAND USE APPLICATION SUMMARY SHEET Planner: Diana Aungst Hearing Date: May 3, 2022 Case Number: 2MJUSR22-17-0003 Owner: Sandberg George L. Irrevocable Trust, FBO Jennifer Lynn Sandberg and George L. Sandberg Irrevocable Trust, FBO Michelle K. Sandberg Applicant: Winter Seed and Ag Services, LLC c/o Jeff Winter 17215 CR 46 LaSalle, CO 80645 Request: A Site Specific Development Plan and 2nd Amended Use by Special Review Permit No. USR17-0003 for an office and storage facility for a seed dealership, indoor and outdoor storage of RVs, boats, construction equipment, commercial vehicles, trailers, and semi -trucks, eight (8) parking spots for rental equipment, to include the addition of a shop, fertilizer storage and sales, three (3) 500 -gallon above ground fuel tanks, and more than the number of cargo containers allowed by Section 23-3-30 of the Weld County Code (up to 6 cargo containers proposed) in the A (Agricultural) Zone District Legal Lot A of LLA22-0004; Being part of the SW4 Section 12, T4N, R66W of the 6th P.M., Description: Weld County, CO Location: North of and adjacent to County Road 46 and west of and adjacent to County Road 35.5 Size of Parcel: +/- 10.67 acres Parcel Nos. 1057-12-3-00-009 Per the recently recorded Lot Line Adjustment 1057-12-3-00-010 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: v Central Weld County Water District, referral dated February 17, 2022 y Weld County Office of Emergency Management, referral dated March 3, 2022 y Weld County Department of Environmental Health Services, referral dated February 24, 2022 y Weld County Department of Planning Services — Development Review, referral dated February 9, 2022 revised on April 14, 2022 The Department of Planning Services' staff has received responses without comment from the following agencies: "t/ Colorado Parks and Wildlife, referral dated February 7, 2022 Weld County Sheriff's Office, referral dated February 8, 2022 Weld County Zoning Compliance, referral dated February 7, 2022 Weld County School District RE -1, referral dated February 7, 2022 West Greeley Conservation District, referral dated February 14, 2022 Weld County Oil and Gas Energy Department, referral dated February 14, 2022 State of Colorado, Division of Water Resources, referral dated February 8, 2022 2MJUSR22-17-0003 Page 1 of 14 The Department of Planning Services' staff has not received responses from the following agencies: 'tj City of Evans Town of LaSalle Town of Gilcrest Union Pacific Railroad Weld County Attorney's Office Weld County Assessor's Office LaSalle Fire Protection District Weld County Building Inspection Colorado Department of Transportation Summary: 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. This Major Amendment is in conjunction with a Lot Line Adjustment, LLA22-0004, to add about four (4) acres adjacent to and east of the site. The newly added acreage will be used for fertilizer storage and sales and will include a 7,800 sf building, three (3) 500 gallon above -ground fuel tanks, six (6) cargo containers, and multiple fertilizer storage tanks. The fuel tanks will contain diesel, gasoline, and dyed off road diesel. The maximum height of the fertilizer tanks has not been determined but the tanks that the applicant is having made for the site are twenty-four (24) feet tall. Due to the fact that the boundary of the USR is expanding a Major Amendment is required. There are two (2) owners that assist customers of the RV storage facility and one (1) owner that operates the seed dealership. Mosquito Joe's has three (3) full-time employees and twelve (12) part-time employees. This Major Amendment is proposing to add two (2) full-time employees and two (2) part-time employees for the fertilizer storage and sales business. The hours of operation for the RV storage facility were originally 6:00 a.m. to 10:00 p.m. 7 -days a week the applicant is proposing to change these hours of operation to 24 -hours a day 17 -days a week. The hours of operation for the rental equipment area are also 24 -hours a day 17 -days a week. The seed dealership and Mosquito Joe's will operate between 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 Pi to May 31s1 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. The hours of operation for the fertilizer sales portion of the business are also proposed to be 24 -hours a day / 7 -days a week. 2MJUSR22-17-0003 Page 2 of 14 There are currently four (4) parking spaces for employees and customers plus one (1) ADA parking space by the seed dealership office. The seed dealership also has an unloading and loading area. This Major Amendment is proposing to add four (4) parking spaces and one (1) ADA parking space by the new shop. For a total of eight (8) parking spaces and two (2) ADA parking spaces. Based on the size of the new shop and the addition of two (2) full-time employees, staff is requesting an additional nine (9) parking spaces for a total of seventeen (17) parking spaces including the two (2) ADA parking spaces. The existing RV storage facility is surrounding by a 6 -foot chain link fence and in order to discourage theft there are no slats in the fence. The original application materials stated that some native grasses and possibly some evergreen trees were going to be planted around the perimeter of the site and the detention pond. Currently there is no landscaping on the site. 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. Staff is requesting a Screening Plan for this facility as a Condition of Approval. The current structures on the site include: a 40' x 240' three -sided RV storage building and a 4,160 square foot building that has a 960 square foot office area and a 3,200 square foot warehouse space. The future buildings proposed for the site include: one (1) 32' x 20' office addition, one (1) 40' x 230' 3 -sided building, one (1) 50' x 275' building, one (1) 40' x 240' building, and one (1) 40' x 200' building. Except for the office addition all these buildings are slated for storage of either of RVs or seeds. Since only two (2) of the seven (7) buildings have been built there is room on the site for about 200 spaces for the outdoor storage of RVs. As stated previously, this Major Amendment will add a 7,800 square foot shop, three (3) 500 gallon above- ground fuel tanks, six (6) cargo containers, and multiple fertilizer storage tanks. 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. The Weld County Office of Emergency Management (OEM) requested that the applicant submit the types and quantities of fertilizer that will be stored on site. The applicant stated that the approximate amounts and types are: 1,500,000 gallons of urea -ammonium nitrate (UAN), 600,000 gallons of ammonium polyphosphate (APP), 60,000 gallons of potassium thiosulfate (KTS), and 60,000 gallons of ammonium thiosulfate (ATS). These numbers are for full build out which is a twenty (20) year plan, if sales support it. For now, there will be 30,000 gallons of UAN and APP onsite, and 20,000 gallons of KTS and ATS. Per the applicant none of these products are hazardous materials or require placards for haul trucks. The OEM is requiring that the applicant complete an Emergency Action Plan and review the Plan with the OEM office and the Fire District. The OEM also requires that the applicant comply with all chemical reporting requirements under EAP rules related to Tier II chemicals. Compliance with the OEM's requirements is listed under the prior to operation Conditions of Approval. Central Weld County Water District (District) submitted referral agency comments dated February 17, 2022. that state that the four (4) acres of land that are proposed to be added to the current site (parcel 105712300010) are not currently included in the District's tax area. The District is requiring that the applicant petition the District for inclusion of the property that will be added to the existing six (6) acres via LLA22- 0004, prior to extending water service to that area of the property. The District will also need to conduct a survey with the applicant to determine if additional backflow prevention is needed for any hazards presented by the proposed modifications to the USR. The District requests that Weld County Planning make completion of these items a condition for approval for this Major Amendment. This requirement has been added as a Condition of Approval. Except for the change in the hours of operation there will be no expansion to Big Bend Boat and RV Storage, Winter Seed and Ag Services, Mosquito Joe, or the equipment rental business. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 2MJUSR22-17-0003 Page 3 of 14 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-40.A. states: "Support compatible economic development opportunities." This site is in a Weld County Opportunity Zone and although it is not a Change of Zone it is a commercial use and therefore the location of these businesses is consistent with the Comprehensive Plan's intent to place commercial businesses within one-half mile of highways. Section 22-2-40.A.5 of the Weld County Code states: "Encourage agglomeration economies of synergistic businesses." The original USR and the first amendment approved an RV storage facility (Big Bend Boat and RV Storage), a seed business (Winter Seed and Ag Services, LLC), a U -Haul type rental business, and Mosquito Joes (MoJo). This second amendment is to add fertilizer storage and sales, which supports the agricultural seed business. This second amendment also addresses the increase in the property size by four (4) acres. The location of the seed distribution business and the fertilizer sales on the same property is a successful agglomeration of synergistic businesses. Section 22-2-10.B. states, "Respecting Private Property Rights. One of the basic principles upon which the United States was founded is the right of citizens to own and utilize property so long as that use complies with local regulations and does not interfere with or infringe upon the rights of others." The applicant has submitted a Lot Line Adjustment to add the four (4) acres to the current seven (7) acres. The four (4) acres will encompass the new improvements for the fertilizer storage and sales. The fertilizer storage and sales will consist of a 60' x 130' building, three (3) 500 gallon above -ground fuel tanks that will contain diesel, gasoline, and dyed off road diesel, six (6) cargo containers, and multiple fertilizer storage tanks. This amendment is requesting to add two (2) full-time employees and two (2) part-time employees. The new shop will add 7,800 square feet of building footprint. Since, the number of employees and the square footage of buildings has increased staff is requesting and additional nine (9) parking spaces be added to the site for a total of seventeen (17) parking spaces including the two (2) ADA parking spaces. The hours of operation for the RV storage facility are proposed to be changed to 24 -hours a day / 7 -days a week. The rental equipment area is also proposed to be 24 -hours a day / 7 — days a week. The hours of operation for the seed dealership and Mosquito Joe's are 6:00 a.m. to 8:00 p.m. 7 -days a week. The seed dealership is open eight (8) weeks in the spring, from April 15' to May 31' 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. The applicant is requesting that the hours of operation for the fertilizer sales portion of the business be 24 -hours a day 17 -days a week also. Section 22-2-10.C. states, "Harmonize development with surrounding land uses." and Section 23-2-10.C.1. states, "Transition between land use types and intensities with buffers. Uses that are incompatible with existing uses must be able to mitigate conflicts." The existing RV storage facility is surrounding by a 6 -foot chain link fence and in order to discourage theft there are no slats in the fence. The original application materials stated that some native grasses and possibly some evergreen trees were going to be planted around the perimeter of the site and the detention pond. Currently there is no landscaping on the site. The 2MJUSR22-17-0003 Page 4 of 14 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. Staff is requesting a Screening Plan for this facility. The current structures on the site include: a 40' x 240' three -sided RV storage building and a 4,160 sf building that has a 960 sf office area and a 3,200 sf warehouse space. The future buildings proposed for the site include: one (1) 32' x 20' office addition, one (1) 40' x 230' 3 - sided building, one (1) 50' x 275' building, one (1) 40' x 240' building, and one (1) 40' x 200' building. Except for the office addition all these buildings are slated for storage of either of RVs or seeds. Since only two (2) of the seven (7) buildings have been built there is room on the site for about 200 spaces for the outdoor storage of RVs. This major amendment will add a 7,800 sf shop, three (3) 500 gallon above -ground fuel tanks, six (6) cargo containers, and multiple fertilizer storage tanks. The access point will be moved a little bit to the east, and a second stormwater detention area will be built on the newly added four (4) acres. Except for the change in the hours of operation there will be no expansion to Big Bend Boat and RV Storage, Winter Seed and Ag Services, Mosquito Joe, or the equipment rental business. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." In 2017 the original USR was approved under Section 23-3-40.S. which allowed for uses such as RV and boat storage to be placed in the Agricultural Zone. A seed dealership was also approved with the original USR. The Minor Amendment, 1 MUSR19-17-0003, was approved by staff in 2019 and added Mosquito Joe and an equipment rental business. Mosquito Joe is sharing office space with the seed dealership company 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 businesses will have five (5) trucks and three (3) spray rigs which 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 equipment rental business includes the renting of U -Haul type moving trucks, moving and utility trailers, and mobile storage containers, however, as of April 2022 this business has not yet been established. The current uses on the site include an office and storage facility for Winter Seed and Ag Services, Big Bend Boat and RV Storage, and Mosquito Joe. This Major Amendment is a request to add fertilizer storage and sales. Fertilizer retail, wholesale and service establishments are listed in the Weld County Code in the definitions Section 23-1-90 under Agricultural Support and Service. This use is consistent with the intent of the A (Agricultural) Zone District. Per Section 23-3-35.A. Agricultural support and service is allowed in the A (Agricultural) zone per a Zoning Permit (ZPAG), however, since this is currently a USR and the boundary of the USR is increasing by about four (4) acres per LLA22-0004 this request is considered a major amendment to an existing USR. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. 2MJUSR22-17-0003 Page 5 of 14 The adjacent lands consist primarily of pastures, crops and rural residences. The Union Pacific railway (UPRR) is on the north and west boundary and there is a dairy south of the site (SUP - 31). The closest residence is located on the same parcel as the dairy and is approximately 125 feet south of the subject property. There are eight (8) USRs within one mile of the site. With three (3) of the eight (8) USRs being located west of Highway 85, the site is located east of Highway 85. USR11-0010 for an oil and gas support and service facility, USR13-0012 for agricultural services, and USR-1053 for seed production are all located northwest of the site on the west side of Highway 85. USR17-0050 for a greater than 12 -inch high-pressure natural gas pipeline is located west of Highway 85 and travels under Highway 85 just south of the site. USR11-0016 is a 12 -inch natural gas pipeline and it crosses the subject property along the north/west boundary adjacent to the Union Pacific railway. There is an easement on the subject property for this pipeline. USR-31 for a dairy is located south of and adjacent to the site. MUSR12-0004 for onion storage a processing and USR18-0092 for vehicle repair and service are located south of the site along County Road 44. Eight (8) Surrounding Property Owners (SPO) within 500 -feet were notified of the requested amendment and the Department of Planning Services has not received any comments, electronic mail or telephone calls regarding the proposed modifications. The proposed use is in an area that can support this development and the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the Coordinated Planning Agreement Area (CPA) for the Town of LaSalle and the City of Evans. As part of the pre -application process the municipalities were sent a Notice of Inquiry (NOI). The Town of LaSalle submitted a Notice of Inquiry dated January 18, 2022, and the City of Evans submitted a Notice of Inquiry dated January 27, 2022, both stated that they have no interest in annexing the property The site is located within the three (3) mile referral area for the Towns of LaSalle and Gilcrest and the City of Evans none of the municipalities responded with referral agency comments. The comprehensive plan map for the Town of LaSalle shows the site as a possibly switching station location. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The site is not located within any overlay district officially adopted by the County, including A- P (Airport) Overlay District, Geologic Hazard Overlay District, MS4 - Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsite Overlay District, or the Agricultural Heritage Overlay District boundary. Building Permits issued on the lot will be required to adhere to the fee structure of the County - Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The facility is primarily designated as "Prime farmland if irrigated" with low slope, Olney sandy loam soils. There is a small portion of "Farmland of statewide importance" located in the 2MJUSR22-17-0003 Page 6 of 14 southwest corner of the site with low slope, Vona sandy loam soils per the USDA Natural Resources Conservation Service (N RCS) Custom Soil Report prepared February 4, 2022. Similar findings are presented in the West Greeley Conservation District referral, dated February 14, 2022. The four (4) acres that will be added to the existing RV facility are "Prime farmland if irrigated." The existing uses on the property have been there since 2017 and the four (4) acres that will be added are not on "Prime Farmland" so this amendment will not remove any irrigated agricultural land from production. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall record Lot Line Adjustment (LLA22-0004). (Department of Planning Services) B. The applicant shall address the requirements of the Central Weld County Water District, as stated in the referral response dated February 17, 2022. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. A Screening Plan shall be submitted to and approved by the Department of Planning Services that screens the site from the surrounding property owners and rights -of -way. (Department of Planning Services) D. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. (Development Review) E. Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Development Review) F. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled 2MJUSR22-17-0003 (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4) Show and label seventeen (17) parking spaces including the two (2) ADA parking spaces. (Department of Planning Services) 5) The map shall delineate the screening in accordance with the approved Screening Plan. (Department of Planning Services) 6) 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 2MJUSR22-17-0003 Page 7 of 14 of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Development Review) 7) Lot A borders the Union Pacific Railroad right-of-way. Show the Union Pacific Railroad right-of-way on the plat. (Development Review) 8) Show and label the proposed access location, acceptable access width, and the appropriate turning radii on the site plan. Label the existing access location as "close and reclaim." (Development Review) 9) Show and label the approved tracking control on the site plan. (Development Review) 10) 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. (Development Review) 11) Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Development Review) 12) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Appendix 5-J of the Weld County Code, should the Major Amendment to this Use by Special Review not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional 3 -month period. 4. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development Review) B. The approved access and tracking control shall be constructed prior to on -site construction. (Development Review) 5. Prior to Certificate of Occupancy: A. An On -Site Wastewater Treatment system is required for the proposed facility and shall be installed according to the Weld County On -Site Wastewater Treatment System (OWTS) Regulations. (Development of Public Health and Environment) 6. Prior to Operation: A. The applicant shall address the requirements of the Weld County Office of Emergency Management, as stated in the referral response dated March 3, 2022. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Office of Emergency Management) 2MJUSR22-17-0003 Page 8 of 14 7. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. 2MJUSR22-17-0003 Page 9 of 14 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Sandberg George L. Irrevocable Trust c/o Jeff Winter 2MJUSR22-17-0003 1. A Site Specific Development Plan and 2' Amendment, No. 2MJUSR22-17-0003, to Use by Special Review Permit No. USR17-0003 for an office and storage facility for a seed dealership, indoor and outdoor storage of RVs, boats, construction equipment, commercial vehicles, trailers, and semi - trucks, eight (8) parking spots for rental equipment, to include the addition of a shop, fertilizer storage and sales, three (3) 500 -gallon above ground fuel tanks, and more than the number of cargo containers allowed by Section 23-3-30 of the Weld County Code (up to 6 cargo containers proposed) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The hours of operation for Big Bend Boat and RV Storage, the rental equipment business, and the fertilizer storage and sales shall be 24 -hours a day / 7 -days a week. (Department of Planning Services) 4. The hours of operation for the Winter Seed and Ag Services and Mosquito Joe of Northern Colorado shall be 6:00 a.m. to 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 of Northern Colorado shall operate from April to October. The other times of the year the Winter Seed and Ag Services and Mosquito Joe of Northern Colorado will not have regular office hours. (Department of Planning Services) 5. The owners shall be the employees for Big Bend Boat and RV Storage and Winter Seed and Ag Services, LLC. There shall be three (3) full-time employees and twelve (12) part-time employees for Mosquito Joe of Northern Colorado and there shall be two (2) full-time employees and two (2) part-time employees for the fertilizer storage and sale business. There are currently no employees for the rental equipment business because as of the date of the approval of this Major Amendment this business had not been established. (Department of Planning Services) 6. Mosquito Joe of Northern Colorado shall have up to sixteen (16) commercial vehicles. (Department of Planning Services) 7. Winter Seed and Ag Services, LLC and the fertilizer storage and sales business shall have five (5) trucks and three (3) spray rigs for a total of eight (8) commercial vehicles. (Department of Planning Services) 8. The existing and proposed screening on the site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 9. The parking area on the site shall be maintained. (Department of Planning Services) 10. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of Planning Services) 11. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be stored on the site. (Department of Planning Services) 12. No hazardous materials shall be stored on site. (Department of Planning Services) 13. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 151h of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 2MJUSR22-17-0003 Page 10 of 14 14. 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. (Development Review) 15. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Development Review) 17. 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. (Development Review) 18. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Development Review) 19. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Development Review) 20. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 21. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 22. 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. (Department of Public Health and Environment) 23. 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. (Department of Public Health and Environment) 24. 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. (Department of Public Health and Environment) 25. 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. (Department of Public Health and Environment) 26. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 27. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 28. 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. (Department of Public Health and Environment) 29. Any additional hydraulic load to any 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. (Department of Public Health and Environment) 2MJUSR22-17-0003 Page 11 of 14 30. Portable toilets and bottled water are acceptable for 10 or less customers or visitors per day and/or 2 or less full time (40 -hour week) employees on site. 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 existing adjacent residential properties and public rights -of -way. (Department of Public Health and Environment) 31. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 32. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance: Discharges from Surface Cosmetic Power Washing Operations to Land July 2010" as provided by the State. (Department of Public Health and Environment) 33. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 34. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. 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. 35. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2018 International Codes, 2018 International Energy Code, and 2020 National Electrical 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. 36. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 37. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 38. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 39. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 40. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. 2MJUSR22-17-0003 Page 12 of 14 41. A Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 42. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 43. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency 2MJUSR22-17-0003 Page 13 of 14 responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 2MJUSR22-17-0003 Page 14 of 14 April 8, 2022 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: daungst@co.weld.co.us PHONE: (970) 400-3524 FAX: (970) 304-6498 Jeff Winter 17215 CR 46 LaSalle, CO 80645 Subject: 2MJUSR22-17-0003 - A Site Specific Development Plan and 2nd Amended Use by Special Review Permit No. USR17-0003 for an office and storage facility for a seed dealership, indoor and outdoor storage of RVs, boats, construction equipment, commercial vehicles, trailers, and semi -trucks, eight (8) parking spots for rental equipment, to include the addition of a shop, fertilizer storage and sales, a 500 -gallon above ground fuel tank, and more than the number of cargo containers allowed by Section 23-3-30 of the Weld County Code (up to 6 cargo containers proposed) outside of subdivisions and historic townsites in the A (Agricultural) Zone District On parcel(s) of land described as: LOT B REC EXEMPT RECX17-0013; PART SW4 SECTION 12, T4N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on May 3, 2022 at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on May 18, 2022 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://accela- aca.co.weld.co.us/CitizenAccess Respectfully, (APIS2L'aiVila) Diana Aungst Planner Diana Aungst From: Winter Seed & Ag Services LLC <jeftwinter@plantpioneer.com> Sent: Wednesday, April 13, 2022 7:33 AM To: Diana Aungst Subject: RE: Fuel tank Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, yes, there will be 3 fuel tanks and each tank will be 500 gallon each. Jeff From: Diana Aungst <daungst@weldgov.com> Sent: Wednesday, April 13, 2022 7:30 AM To: Winter Seed & Ag Services LLC <jeff.winter@plantpioneer.com> Subject: [EXTERNAL] RE: Fuel tank Hi Jeff: Are you going to have 3 fuel tanks? The application stated `a' fuel tank. Please let me know how many so I can update the file. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 d aungst(a� wel d gov. com www.weldgov.com 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: Winter Seed & Ag Services LLC <jeff.winter@plantpioneer.com> Sent: Tuesday, April 12, 2022 5:23 PM To: Diana Aungst <daungst@weldgov.com> Subject: RE: Fuel tank 1 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, the fuel carried on hand will be: Gasoline, On road diesel, and dyed off road diesel. Each tank will be a 500 gal. I'm not sure what commercial means?? Jeff From: Diana Aungst <daungst@weldgov.com> Sent: Tuesday, April 12, 2022 1:14 PM To: Winter Seed & Ag Services LLC <jeff.winter@plantpioneer.com> Subject: [EXTERNAL] Fuel tank Hi Jeff: Please let me know what type of fuel will be kept in the fuel tank and if it is commercial. Thanks, Diana Aungst Planner Weld County Department of Planning Services 9555 N. 17th Avenue Greeley, Colorado 80639 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst(c� weldgov. com www.weldgov.com 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. This communication is for use by the intended recipient and contains information that may be Privileged, confidential or copyrighted under applicable law. If you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this e-mail,in whole or in part, is strictly prohibited. Please notify the sender by return e-mail and delete this e-mail from your system. Unless explicitly and conspicuously designated as "E -Contract Intended", this e- mail does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. This e-mail does not constitute a consent to the use of sender's contact information for direct marketing purposes or for transfers of data to third parties. Francais Deutsch Italian° Espanol Portugues Japanese Chinese Korean https://www.corteva.com/email- disclaimer.html This communication is for use by the intended recipient and contains information that may be Privileged, confidential or copyrighted under applicable law. If you are not the intended recipient, you are hereby formally notified that any use, 2 Diana Aungst From: Winter Seed & Ag Services LLC <jeftwinter@plantpioneer.com> Sent: Sunday, February 6, 2022 9:41 AM To: Diana Aungst Subject: RE: Fuel tank Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, the tank will be above ground. Jeff From: Diana Aungst <daungst@weldgov.com> Sent: Friday, February 4, 2022 1:27 PM To: Winter Seed & Ag Services LLC <jeff.winter@plantpioneer.com> Subject: [EXTERNAL] Fuel tank Jeff: Is the fuel tank above ground? Thanks, Diana Aungst Planner Weld County Department of Planning Services 9555 N. 17th Avenue Greeley, Colorado 80639 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst(c� weldgov. com www.weldgov.com 12El 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. This communication is for use by the intended recipient and contains information that may be Privileged, confidential or copyrighted under applicable law. If you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this e-mail,in whole or in part, is strictly prohibited. Please notify the sender by return e-mail and delete this e-mail from your system. Unless explicitly and conspicuously designated as "E -Contract Intended", this e- Diana Aungst From: Winter Seed & Ag Services LLC <jeftwinter@plantpioneer.com> Sent: Tuesday, April 12, 2022 5:20 PM To: Diana Aungst Subject: RE: Number of employees Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, here is the list: RV storage facility -0 Seed dealership -1 Rental equipment business -0 Mosquito Joe's -3 office, 6-12 part time Fertilizer sales -4 Myself and Craig Fried take care of the storage lot, but I am the lone fulltime seed employee, Craig is part of the 3 full time MoJo office personnel. The techicians for MoJo are partime/seasonal. The Fertilizer operation will have two full time and 2 part time. Jeff From: Diana Aungst <daungst@weldgov.com> Sent: Tuesday, April 12, 2022 12:30 PM To: Winter Seed & Ag Services LLC <jeff.winter@plantpioneer.com> Subject: [EXTERNAL] Number of employees Hi Jeff: Please provide me a breakdown of the number of employees. Indicate if the employee will be full-time or part- time and state if they will be on -site year-round and if not what months they will work. RV storage facility - Seed dealership - Rental equipment business - Mosquito Joe's - Fertilizer sales - Thanks, Diana Aungst Planner Weld County Department of Planning Services 9555 N. 17th Avenue Greeley, Colorado 80639 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst(c� weldgov. com www.weldgov.com 1 Diana Aungst From: Winter Seed & Ag Services LLC <jeftwinter@plantpioneer.com> Sent: Wednesday, April 6, 2022 7:10 AM To: Diana Aungst Subject: RE: Hours of operation Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, the fertilizer plant will operate 24 hours per day and 7 days a week. Agriculture is weather dependent and there will be times that we are working at night. Jeff From: Diana Aungst <daungst@weldgov.com> Sent: Tuesday, April 5, 2022 12:49 PM To: Winter Seed & Ag Services LLC <jeff.winter@plantpioneer.com> Subject: [EXTERNAL] RE: Hours of operation Hi Jeff: checked with my colleagues and we need the hours of operation for the fertilizer company so we can add it to the staff report. Please let me know what they are. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 d aungst(a� wel d gov. com www.weldgov.com 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: Winter Seed & Ag Services LLC <jeff.winter@plantpioneer.com> Sent: Saturday, March 26, 2022 8:51 AM To: Diana Aungst <daungst@weldgov.com> Subject: RE: Hours of operation 1 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, let's just make it easy and have the facility open 24 hours, 7 days a week. From: Diana Aungst <daungst@weldgov.com> Sent: Friday, March 25, 2022 12:47 PM To: Winter Seed & Ag Services LLC <jeff.winter@plantpioneer.com> Subject: [EXTERNAL] Hours of operation Hi Jeff: have listed that the seed dealership and Mosquito Joe operate 6:00 a.m. to 8:00 p.m. 7 -days a week and the RV storage access is 7 days -a -week from 6:00 a.m. to 10:00 p.m. I'm assuming that you want the RV storage access to be 24 hours a day/7 days a week. Will the fertilizer distribution facility operate the same hours and days as the seed dealership? Thanks, Diana Aungst Planner Weld County Department of Planning Services 9555 N. 17th Avenue Greeley, Colorado 80639 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst(c� weldgov. com www.weldgov.com 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. This communication is for use by the intended recipient and contains information that may be Privileged, confidential or copyrighted under applicable law. If you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this e-mail,in whole or in part, is strictly prohibited. Please notify the sender by return e-mail and delete this e-mail from your system. Unless explicitly and conspicuously designated as "E -Contract Intended", this e- mail does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. This e-mail does not constitute a consent to the use of sender's contact information for direct marketing purposes or for transfers of data to third parties. Francais Deutsch Italian° Espanol Portugues Japanese Chinese Korean https://www.corteva.com/email- disclaimer.html This communication is for use by the intended recipient and contains information that may be Privileged, confidential or 2 Diana Aungst From: Diana Aungst Sent: Monday, March 28, 2022 11:29 AM To: Winter Seed & Ag Services LLC Subject: RE: Tank dimensions Hi Jeff: It was more out of curiosity. We don't have a height limit in the Ag zone. Just ensure that you are meeting the setbacks and offsets to the property lines. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst@weldgov.com www.weldgov.com 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. Original Message From: Winter Seed & Ag Services LLC <jeff.winter@plantpioneer.com> Sent: Monday, March 28, 2022 9:51 AM To: Diana Aungst <daungst@weldgov.com> Subject: RE: Tank dimensions Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, tank dimensions are difficult to give a firm answer on, My tanks that are being built right now are 24' tall. Future tanks more than likely will be taller, but there is no standard sizes. I'm not sure what a logical 1 answer is here, I don't want to be locked into a specific height either. Is there a height limit or code that the county has on total height of structures? Jeff Original Message From: Diana Aungst <daungst@weldgov.com> Sent: Friday, March 25, 2022 11:30 AM To: Winter Seed & Ag Services LLC <jeff.winter@plantpioneer.com> Subject: [EXTERNAL] Tank dimensions Hi Jeff: Could you let me know the maximum height of the tanks in the tank containment area? Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst@weldgov.com https://urldefense.com/v3/_http://www.weldgov.com_;!!EgBrgdkfa9r_yJvCTg!hEObweWXmPvb3_SQxR9M nzlmDuYNwyfdFGiUXLwkN7iYc5XVF9SafY3FOraKJ UBODPc7FaA$ 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. This communication is for use by the intended recipient and contains information that may be Privileged, confidential or copyrighted under applicable law. If you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this e-mail,in whole or in part, is strictly prohibited. Please notify the sender by return e-mail and delete this e-mail from your system. Unless explicitly and conspicuously designated as "E -Contract Intended", this e-mail does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. This e-mail does not constitute a consent to the use of sender's contact information for direct marketing purposes or for transfers of data to third parties. Francais Deutsch Italiano Espanol Portugues Japanese Chinese Korean https://urldefense.com/v3/_https://www.corteva.com/email- 2 Diana Aungst From: Winter Seed & Ag Services LLC <jeftwinter@plantpioneer.com> Sent: Saturday, March 26, 2022 8:50 AM To: Diana Aungst Subject: RE: Rental equipment Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, we currently have no rental equipment on site. We asked for that amendment for UHaul trucks and trailers, or something similar in the future. From: Diana Aungst <daungst@weldgov.com> Sent: Friday, March 25, 2022 1:15 PM To: Winter Seed & Ag Services LLC <jeff.winter@plantpioneer.com> Subject: [EXTERNAL] Rental equipment Hi Jeff: What kind of rental equipment do you have on site? Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 d aungst(a� wel d gov. com www.weldgov.com A C 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. This communication is for use by the intended recipient and contains information that may be Privileged, confidential or copyrighted under applicable law. If you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this e-mail,in whole or in part, is strictly prohibited. Please notify the sender by return e-mail and delete this e-mail from your system. Unless explicitly and conspicuously designated as "E -Contract Intended", this e- mail does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. This e-mail does 1 COPY RESOLUTION RE: APPROVE RAILROAD HIGHWAY GRADE CROSSING CLOSURE AND MAINTENANCE AGREEMENT FOR COUNTY ROADS 46 AND 35 AND AUTHORIZE CHAIR TO SIGN — UNION PACIFIC RAILROAD (UPRR) COMPANY, AND THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Railroad Highway Grade Crossing Closure and Maintenance Agreement for County Roads 46 and 35, among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, the Union Pacific Railroad (UPRR) Company, and the Colorado Department of Transportation (CDOT), commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Railroad Highway Grade Crossing Closure and Maintenance Agreement for County Roads 46 and 35 among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, the Union Pacific Railroad (UPRR) Company, and the Colorado Department of Transportation (CDOT), be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of February, A.D., 2422_ BOARD OF COUNTY COMMISSIONERS WELD -OUN T T, COLORADO ATTEST: C !4. Weld County Clerk to the Board BY: /\}`/ K Deputy Cle to theBoard APPROVED AS TO FOR County Attorney Date of signature: S/3/ 2022-0674 EG0080 4/14 Sc�ottK. [JameeJJJs, Chair �1JJ� Mike�rn, Pro -Temp nfuGk Corr-tvad-(fi365c2a7 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: UPRR WCR 46/35 Closure & Maintenance Agreement DEPARTMENT: Public Works DATE: February 14, 2022 PERSON REQUESTING: Elizabeth Relford Brief description of the problem/issue: On January 30, 2019, the Public Utilities Commission (PUC) approved the application filed jointly by COOT on the Board's behalf along with Union Pacific Railroad (UPRR) for the railroad crossing closure of WCR 46/35. At that time, we did not process the closure and maintenance agreement with UPRR, so we are following up now to complete this agreement. The Board made the vacation of this closure contingent upon the Peckham interchange being substantially complete. The Board will enter into a closure and maintenance (C&M) agreement with UPRR, which doesn't become effective until the railroad crossing closure is completed. The attached agreement is consistent with all the other C&M agreements you have approved and has been reviewed and approved by the County Attorney's office. WCR 46/35 was part of the Group 1 closures identified on the Board's Resolution from September 17, 2018. The railroad closure of WCR 46/35 is planned to be closed as part of the Peckham improvements. CDOT has selected Jalisco International, Inc. to construct the improvements with the contract anticipated to be complete by the end of 2023. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Allow the attached agreement to be placed on the 1/23/2022 BOCC agenda for signature. • Request a work session to discuss. Recommendation: This closure and maintenance agreement is the same as previous ones approved by the BOCC, therefore, staff recommends approval of this agreement. Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine Aparove Schedule R mm nWork Session Vi & fmar-t Other/Comments: 2022-0674 ozI2g EaoM Karla Ford From: Sent: To: Subject: Attachments: Approve Steve Moreno Monday, February 14, 2022 90:43 AM Karla Ford Re: Please Reply - UPRR Closure & Maintenance Agr - WCR 46 irnage001 jpg; UPRR Closure & Maintenance Agr - WCR 46.doc Sent from my iPhone On Feb 14, 2022, at 11:32 AM, Karla Ford <kford@weldgov.com>wrote: Please advise if you approve recommendation. Thank you, Karla Ford ' Executive Assistant & Office Manager, Board of Weld County Commissioners 1150 0 Street, P.0, Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kfordpweldgov.carn ;: www.weldcov.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 nr otherwise protected from disclosure. if you hove 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: Elizabeth Relford <erelford@weldgov.com> Sent; Monday, February 14, 2022 5:30 AM To: Karla Ford <kford@weldgov.com> Cc: !ay McDonald <jrncdonald@weldgov.com>, Steve Moreno <smoreno@weldgov.com> Subject: UPRR Closure & Maintenance Agr - WCR 46 Good morning Karla, Can you please circulate the attached pass around for Board consideration. Thank you, Elizabeth 1 UPRR Folder 3082-98 CROSSING CLOSURE AND MAINTENANCE AGREEMENT RAILROAD HIGHWAY GRADE CROSSING CLOSURE PUBLIC GRADE CROSSING USDOT NO. 804354S COUNTY ROAD 46/35 RAILROAD MILEPOST 43.67, GREELEY SUBDIVISION, WELD COUNTY, STATE OF COLORADO THIS CROSSING CLOSURE AND MAINTENANCE AGREEMENT ("Agreement") is made and entered into this 2,May of rebyuck , 2022 ("Effective Date") by and among UNION PACIFIC RAILROAD COMPANY), a Delaware corporation ("Railroad"), WELD COUNTY, a political subdivision of the State of Colorado ("Public Authority"), and THE COLORADO DEPARTMENT OF TRANSPORTATION ("CDOT"). RECITALS In coordination with CDOT, the Public Authority desires to permanently close the at - grade public road crossing for County Road 46/35 at Railroad Milepost 43.67, DOT No. 804354S in Weld County, State of Colorado on Railroad's Greeley Subdivision (the "Roadway"). AGREEMENT NOW THEREFORE, It is mutually agreed by and among the Railroad, CDOT, and the Public Authority as follows: SECTION 1. The Public Authority shall take all actions necessary to permanently close and vacate the Roadway, easement and/or any other rights across the Railroad's property, including without limitation all filings and approvals required by the Colorado Public Utilities Commission. SECTION 2. Prior to the Railroad performing any work described herein, Public Authority shall provide to Railroad a copy of the Ordinance or Resolution duly passed and adopted by the Public Authority that authorizes and directs the permanent closure of the Roadway. SECTION 3. Without limiting CDOT's and Public Authority's obligations described in this Agreement, it is anticipated that CDOT and Public Authority will enter into an 1 O2oczA - 6 7 4 intergovernmental agreement that, in part, sets forth CDOT's and Public Authority's responsibilities to each other hereunder. SECTION 4. The Railroad, at CDOT's expense, agrees to remove the railroad crossing surface and warning devices (crossbuck signs, etc.) that currently exist on the Railroad's right-of- way, together with any other work designated to be performed by Railroad on the plans marked Exhibit A, attached hereto and hereby made a part hereof (the "Plans"), upon the receipt of the above mentioned statement and copy of the Ordinance or Resolution and subject to the completion of the activities of the Public Authority and CDOT described in Section 5, below. SECTION 5. A. Prior to the Railroad's performance of work described herein, CDOT, at its expense, shall (i) remove all Roadway approach surfaces up to the track tie ends, and (ii) install, maintain, repair and renew permanent barricades on both sides of the Roadway at the locations shown on the Plans, and (iii) perform all other work designated to be performed by CDOT on the Plans, in each case in compliance with the Plans and all applicable standards and guidelines contained in the current Manual on Uniform Traffic Control Devices ("MUTCD"). B. Public Authority and CDOT, at CDOT's expense, shall also remove existing street signs and provide new advance street signs and pavement markings to indicate that the Roadway is closed, as designated to be performed by CDOT and Public Authority, as applicable, all in compliance with the Plans and applicable current MUTCD standards and guidelines. SECTION 6. Following installation of the improvements contemplated by the Plans: A. CDOT shall maintain all advance street signs and pavement markings installed by CDOT, and all permanent barricades that are installed on County Road 46/35 between the Railroad right-of-way and U.S. Highway 85, including those on the Railroad's right- of-way; and B. Public Authority shall maintain all advance street signs and pavement markings installed by Public Authority, and all permanent barricades that are installed on County Road 46/35 on the side of the Railroad opposite from U.S. Highway 85, including those on the Railroad's right-of-way. Neither CDOT nor Public Authority shall enter Railroad's property to perform the maintenance work described herein unless such party enters into a Railroad -approved form of Contractor's Right of Entry, maintenance consent letter, or other written authorization by Railroad permitting such party to enter the property to perform such work. SECTION 7. 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 each party's permitted successors and assigns), and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any 2 other person not included in this Agreement. It is the express intention of the undersigned parties that, with the exception of the undersigned parties (and each party's permitted successors and assigns), any entity receiving services or benefits under this Agreement shall be an incidental beneficiary only. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 3 DowSign Envelope ID: 129D3916-F848-42E9-A6F5-2DBC4B71BACF IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date first herein written. UNION PACIFIC RAILROAD COMPANY �� By. H, 417.0. 3/10/2022 Printees ante: Kenneth Tom Title: Manager I, Engineering - Public Projects WELD CC By: !V FE9 2 8 ten Printed�Vame: Scott K. .James. Chair Title: BOCC Chair COLORADO DEPARTMENT OF TRANSPORTATION By: Stephen PrintectiHmel so n Title: Digitally signed by Stephen Harelson tw_0 i i x.26:04 Signature Page to Crossing Closure and Maintenance Agreement (County Road fleas) czao b ik EXHIBIT A (ATTACHED HERETO) Exhibit A to Crossing Closure and Maintenance Agreement (County Road 46/35) WCR RR Closures Stage 1 Groyl 1 Plans for Construction 06-12-18 PoDI / NHS 'iUJL,:1 NAT. : N•M1I H12I-04,,i DEPARTMENT OF TRANSPORTATION STATE OF COLORADO H1GIIWAY CONSTRUCTION BID PLANS OF PROPOSED US 85 CLOSURES US HIGHWAY NO. 85 WELD COUNTY CONSTRUCTION PROJECT CODE NO. 2?374 WCR 46-35 x �F 1 WCR 46 v PROJECT LOCATION MAP Related Projects: P F. I, :KO xX R.U.W. Projects: R.G JV. Pr�le,_1 Ue�t'�Inr X%XXX.,:kk XhHy,HXX SHEET NO. INDEX OF SHEETS 1 TITLE SHEET 2 GENERAL NOTES 3 TABULATION DE QUANTITIES 4 CLOSURE PLAN - CDOT 5 CLOSURE PLAN - WELD COUNTY 6 CROSSING DETAIL 7 BARRICADE/BARRIER DETAIL 8 TEMPORARY DETOUR SIGNING 1, rd ❑olo. E/1?/;D1'..! Foe N,Irn, 2:.9CVS_AC, 46 I le , H 1110,11' _:.,ale. pmmi FELSBURG L�HOLT 87C,c, 4WI ULLEVIG Q O Sheet Revisions ns,e. ., , nnienls Colorado Deportment of Transportation 3 coal • Region 4 �s01 Nc,l 0.11i•[- G-eeley, CL-Sa H rc�e-9 q.) -0-2:'2S. r:.x 21rt1 LK As Constructed Contract Information N� rev so . Project No./Code il h.,u CC2.1".-ICS �1 ELI tikrF,: r.C�l �iLo: / .nee1 ku, he, 1 WCR RR Closures Stage 1 Group 1 Plans for Construction 06-12-18 Know •.taro below. Call beim sou ms. `.?7?MWAILR MANACI VENT 'LAN GENERAL NOTES C\-.'A_'[R ,-A.. C. 'Ay Y I_ruP.tL AN] R ]-,; :.h W11 4 - : - VP_LV 1 h[: =1 " `•I L h II I 6.1RA.C IS - EEIN Pk ;',1 :'R ,02,1:1- ....F. 4 _ --r L_D :::1'1141 '/.'• -AN]s VAI' I':4_-. rl0. .�„ _-'4_L B :N A.. JnVCt W. 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Fik Fn TYPE S RARRI.^A7, IRF :I LD[:AIIJN DTY F VC TH w2R 2 D (ss,Fal WCR 2.5 (-AS-) wC? 79 (wE5r) W i:2 29 :FAST) wCR 4E-37 4VCR 46-37 (FAST) ▪ (VII &CR 77 (-A;-1 24' 24' 2d' 24' 1 2 24' 24' 2 24' 2 WCR 104 IW'_Sl) t; 24. N -F S: I. Sri- IA-tu AI',[1.1 fi' 11'.NS [.k fJF 3RMA[I[_N R-Ck-t Olt,G DiJF1I VAfkK-k=, tii1M4 !; 2. STNS Tn Er a.11- T rrd ALCCR ;nNCF WITH THt AND S'7. 5-E.30-7 3. S-- E-530-2 FRR ACO!T'CNAI N}t"5 2FDAR J.nc; -IEFD AND bI:VAB_C BAR4lGADES CC'JCRETF BARRIER, (-EvF.'ORAwry) rf 11, L'l. rE 9A:?''Fr- IlEMP 1 Xr-0 DFTn:I !AL FOIt ttlVo-tir -,ri 11tS I) A I INl_I; yLC I',_N 1vH1 UL1 A- 2 JE RD L N'3 It" --t1 retl Dote: S/11/20[8 Jc Vere.: 2237CO'_S_Ilev 29. dy 4or��. Scale: 1:E0 Vert Scole: ns No:ec FEL$BURG awe ssee- sy,ses,e wsy. seta, soo H° LT 8 e��re�era ea eolll lu,ne 3e1 1]I.I+a0 ULLEYIG CD 0 O Sheet Revisions CO3P,C,115 Colorado Deportment of Tronsportotion cool ■ C'� Region 4 '..DE01 Wes: :;7:h it-cel G' eeley, CL N0531 Pheee:9/C-_57-2179 fAX: R/D-.SOD-715_ LK As Constructed 'Va. Rev,.. - WELD COUNTY ROAD CLOSURES RARRIDAD- AN1-) sA%{HIFR DF1Al Project No./Code NI il'I+ C85S-109 Rev.e,d: Jos yne M7LI ]c.n I_ . M31n Sheet S..vs'e l: a15,'t5 Ynv: 51i uului e N.,r�rers 77172 Subset Snee'.s: Ct-C2 u' 07 Sneel NuTLP 7 WCR RR CIOSUreS Stage 1 Group 1 Plans for Construction 06-12-18 3�k Kam, Worn MOW Call befog peels �� I�I'I�'� J �J. 12.5 - 5.25 w 751-3-X1-10.25 1 6.5—, 30 3.750' Radius, 0.625' Border, 0.375' Indent, Black on Yelkmon `NO ACCESS' C; "TO US-EIF C; Table of 'Elam and object faits. d '0 5.25C 7.5001 x C 12.250 14.625 6.500 8.500 C 16.750 f 19.000 S S 21.000 23.1251 lu 5 13.250 15.5001- 17.750 B 99.500 F 21.875 SPECIAL SIGN DETAILS Pr nr 7nte: a/]7/i.^.I8 i ii£ Neer e: 223 .0TRA. De:4b-_.S.clye, I,n.. Vert. E_cle: 4, ku.k. �r{L$BURG slot) Soar,5yrun=way 56Re 600 P HOLT f •he,e: ]01.11 I,nk ULLEYIG Sheet Revisions Dare: amTer.,, IPA Colorado Department of Transportation A Region 4 oar F�7 0oJ Ares n Sleet Greeley, :;U E305,54 Pnsee, S,:) •/2JH I AY: 2,/0-S',7-7'.Ri LK As Constructed Nc. 2ev.5t0,': WELD COUNTY ROAD CLOSURES 'NCR SPECIAL SIC% DETL:L5 Project No./Code rn,=F 7s53 IDS R Deslorer: 4LS Dc tci er. �I Sneer_ S,. SO- "ReFFIC Vcmbcr al S�bse Sheets: �D 'J v i;I 22_'77 ',cot N.rrItc• 8 Contract Form New Contract Request Entity Information Entity Name* Entity ID* UNION PACIFIC RAILROAD COMPANY g°00005748 ❑ New Entity? Contract Name* Contract ID UNION PACIFIC RAILROAD CONSTRUCTION & MAINTENANCE 56D7 AGREEMENT - WR 46: 35 Contract Status CTB REVIEW Contract Lead* ERELFORD Contract Lead Email erelfordgco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* AN AGREEMENT WITH WELD COUNTY, UPRR, AND CDOT FOR THE CROSSING CLOSURE AND LONG-TERM MAINTENANCE OF WCR46'35. Contract Description 2 Contract Type* AGREEMENT Amount* 50.00 Renewable* NO Automatic Renewal Grant 1GA Department PUBLIC WORICS Requested BOCC Agenda Date* 02 16 2022 Due Date 02 12: 2022 Department Email CM- Will a work session with BOCC be required?* PublicWorks-nreldgay.corn NO Department Head Email CM-PubltcWorks- DeptHead,gweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM - C OU NTYATTO RN EY f W ELDG OV,COM Does Contract require Purchasing Dept. to be included? NO tf this is a renewal enter previous Contract ID If this is part of a RSA enter MA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 02`16,2023 Termination Notice Period Committed Delivery Date Expiration Date' 02 23'2023 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head ELIZABETH RELFORD DH Approved Date 02 18.2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 02 28: 2022 Originator ERELFORD Contact Type Contact Email Finance Approver CHRIS D'OVIDIO Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 02 22.2022 Tyler Ref # AG 022822 Legal Counsel KARIN MCDOUGAL Legal Counsel Approved Date 02 22'2022 Diana Aungst From: Winter Seed & Ag Services LLC <jeftwinter@plantpioneer.com> Sent: Wednesday, February 9, 2022 1:24 PM To: Diana Aungst Subject: RE: Referral Agency Email (2MJUSR22-17-0003) Attachments: Fertilizer LLA DRT Questionaire.docx Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, here is the answers about fertilizer stored at full build out: • Approximately 1,500,000 gallons of UAN + Approximately 600,000 gallons of APP • Approximately 60,000 gallons of KTS + Approximately 60,000 gallons of ATS These numbers are full build out of the fertilizer tanks, this is a 20 year build out plan for those tanks, if sales supports it. For now there will be 30,000 gal of UAN, APP onsite, and 20,000 gal of KTS and ATS. None of these products are hazardous materials or require placards for haul trucks. Portable storage containers: we would like to have 6 containers. Thanks, Jeff From: Diana Aungst <daungst@weldgov.com> Sent: Wednesday, February 9, 2022 9:57 AM To: Winter Seed & Ag Services LLC <jeff.winter@plantpioneer.com> Subject: [EXTERNAL] FW: Referral Agency Email (2MJUSR22-17-0003) Hi Jeff: Please see the email below from the Weld County Office of Emergency Management. Please provide the type and quantity of fertilizer that will be stored at this site. Thanks, Diana Aungst Planner Weld County Department of Planning Services 9555 N. 17th Avenue Greeley, Colorado 80639 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst(c� weldgov. com www.weldgov.com 1 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: Roy Rudisill <rrudisill@weldgov.com> Sent: Tuesday, February 8, 2022 5:15 PM To: Diana Aungst <daungst@weldgov.com> Cc: David Burns <dburns@weldgov.com> Subject: RE: Referral Agency Email Hi Diana, do we know the type and quantity of fertilizer they plan to store at the location? Roy Rudisill, Director Office of Emergency Management 1150 O St. Greeley, Co 970-381-0417 Mobile 970-304-6540 Office 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: noreply@weldgov.com <noreply@weldgov.com> Sent: Monday, February 7, 2022 2:43 PM To: Roy Rudisill <rrudisill@weldgov.com>; David Burns <dburns@weldgov.com> Subject: Referral Agency Email The Weld County Planning Department has received a Planning Major Amendment to USR application, case # 2MJUSR22-17-0003, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Diana Aungst by the date specified on the Referral Form attached in the online permitting center. To view application materials, visit https://accela-aca.co.weld.co.us/CitizenAccess/Default.aspx or navigate to weldgov.com > departments > planning and zoning > online e -permitting. Then, * Click on "Planning" tab on the menu bar * Under General Search, type case# 2MJUSR22-17-0003, into the Record Number box and search * Click on the "Record Info" arrow drop -down menu * Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Diana Aungst at 970-400-6100 Thank you, Diana Aungst 2 From: Winter Seed & Ag Services LLC To: Lauren Light Subject: 1MUSR19-17-0003 Public Health Comments Date: Monday, January 17, 2022 11:33:12 AM Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Lauren, I received the comments from your department about our proposed fertilizer tank/plant expansion. The questions/comments are straight forward and will be easy to explain, except the comment about a vault for wash water. I need your departments' explanation as to what you're calling a vault? Underground concrete structures are not compatible with our type of business. I was involved with Centennial Ag Supply for more than a decade, we won a national award for our stewardship and cleanliness of our facility. Putting wash water into a vault below ground invites several issues: 1) cleaning the vault will require an employee to enter the space to clean out any solids, which is adding an unnecessary health risk. 2) the vault will have to be outside of the tank containment and add risk of overflow in an uncontained area. Not to mention adding an extra alarm system. 3) getting fluid pumped out of the vault will require specialized equipment instead of using existing pumps. 4) A vault will require an unnecessary cost to construction. Wash water is handled very easily: machinery is washed on a concrete pad, the pad drains to a sump box. A sump pump will pump wash water into a cone bottom tank. The wash water tank is contained in the fertilizer containment area. The wash water can then be filtered and recycled into the next days fertilizer spray solution. This process is clean, simple, and keeps the wash waste in the field where it belongs. If the wash water tank needs to be cleaned, it will be a cone bottom shaped tank, which can be washed out from above, without employee entry and maintained with ease. I will include an abbreviated explanation in the questionnaire. Please respond with any questions or concerns. Thanks, Jeff Winter 970-573-0840 This communication is for use by the intended recipient and contains information that may be Privileged, confidential or copyrighted under applicable law. If you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this e- mail,in whole or in part, is strictly prohibited. Please notify the sender by return e-mail and delete this e-mail from your system. Unless explicitly and conspicuously designated as "E - Contract Intended", this e-mail does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. This e-mail does not constitute a consent to the use of sender's contact information for direct marketing purposes or for transfers of data to third parties. Francais Deutsch Italiano Espanol Portugues Japanese Chinese Korean https://www.corteva.com/email-disclaimer.html Hello