HomeMy WebLinkAbout20140458.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0053, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (STORAGE AREA FOR MODULAR UNITS) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT
OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT- PTI USA MANUFACTURING, LLC
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 of County Commissioners held a public hearing on the 19th day
of February, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of PTI USA Manufacturing, LLC, 390 Mountain View Drive, Berthoud,
CO 80513, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0053, for a use permitted as a Use by Right, Accessory Use or Use by Special Review
in the Commercial or Industrial Zone Districts (storage area for modular units) provided that the
property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed
prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Parcel B of Recorded Exemption, RE-226; being
part of the NE1/4 of Section 3, Township 4 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Brett Koth,
Project Manager, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
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SPECIAL REVIEW PERMIT (USR13-0053) - PTI USA MANUFACTURING, LLC
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1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a
land use change."
2) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial, and
industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt
to be compatible with the region." PTI USA Manufacturing, LLC
(PTI), is proposing a storage area for about 150 modular units on
approximately 22 acres. The USR parcel is approximately 125
acres in size, but the modulars will be stored on a 22-acre portion
on the southwest corner. The storage area's purpose is to
temporarily store modular units that are constructed in the
manufacturing facility and are waiting to be shipped. PTI's
manufacturing facility is located in the Town of Johnstown on the
parcel south of and adjacent to the USR site. The applicant is
proposing screening and landscaping, as well as security lighting
for the modular storage area. No signage is proposed with this
USR. The Conditions of Approval state that a Lighting Plan is
required. This Lighting Plan, along with the Development
Standards and the other Conditions of Approval, will assist in
mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses.
B. Section 23-2-230.B.2. -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.S., which allows for a Site Specific Development
Plan and Use by Special Review Permit for a use permitted as a
Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (storage area for modular
units) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is adjacent to
the Town of Johnstown's corporate limits and partially in their Urban
Growth Boundary. The properties surrounding the site are utilized for
pastures, crops, rural residences, and businesses. Highway 60 borders
the site on the north and Interstate 25 borders the site on the east. The
property to the west contains a dairy and the property to the south
consists of a business park in the Town of Johnstown. The closest
residence is less than 20 feet from the western property line and
approximately one-quarter mile north of the northern most fence line of
the storage area. There are four (4) USRs located within one (1) mile of
this parcel. USRs-590, 358 and 576 combine together to form the dairy
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on the property west of and adjacent to the site and USR-1192 is for a
water tank and is located approximately six-tenths of a mile west of the
site. The Weld County Department of Planning Services has not received
any correspondence from surrounding property owners. The applicant is
proposing screening and landscaping, as well as security lighting for the
modular storage area. No signage is proposed with this USR. The
Conditions of Approval state that a Lighting Plan is required. This Lighting
Plan, along with the Development Standards and the other Conditions of
Approval, will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses.
D. Section 23-2-230.B.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 three (3) mile referral area of
the Towns of Berthoud and Johnstown. The Town of Berthoud did not
respond with any referral comments. The Town of Johnstown's referral,
dated December 18, 2013, states that, "The property is contiguous to
Town Limits and is eligible for annexation." The comments also state,
"Johnstown's support for this application is based upon our long lead time
for annexation to the Town (approximately one year), and because PTI
expressed the urgent need to develop the 22 +1- acre storage area
adjoining their plant." The referral concludes, "We have discussed
annexation and this application with PTI, and support the application with
the understanding that the property would be annexed to the Town and
connected to Town water and sewer before additional development is to
occur."
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is within the
County-Wide Road Impact Fee Area and the Capital Expansion Impact
Fee area.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed facility is located on approximately 100
acres "Prime (Irrigated)" and 24 acres of "Other," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
proposed USR will take approximately 15 acres of "Prime (Irrigated)"
Farmland out of production but the site is located in an urbanizing area.
G. Section 23-2-230.B.7 -- There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of PTI USA Manufacturing, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0053, for a use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (storage area for modular units) provided that the property is not a lot in an approved or
recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District, on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval. Any lighting poles and lamps shall
comply with Section 23-3-360.F., which states, in part, that, "any lighting
shall be designed, located, and operated in such a manner as to meet the
following standards: sources of light shall be shielded so that beams or
rays of light will not shine directly onto adjacent properties."
B. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0053.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The plat shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
5) The approved Landscaping/Screening Plan, as shown on the plat.
6) The approved Lighting Plan.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
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Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the plat not be recorded within the required one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us. (Department of Planning Services)
5. Prior to construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder or
the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of February, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
uu WELD COUNTY, COLORADO
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Weld County Clerk to the Board iT2 w
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APPR9 V�D A$ TO FORM: 1:J71 I2 : I ;Z
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I`// William F. Garcia
Date of signature: 3-i+
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PTI USA MANUFACTURING, LLC
USR13-0053
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0053, is
for a use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (storage area for modular units) provided that the
property is not a lot in an approved or recorded subdivision plat or lots parts of a map or
plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The screening and landscaping on the site shall be maintained in accordance with the
approved Screening and Landscaping Plans.
4. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
5. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
6. The historical flow patterns and runoff amounts will be maintained on the site.
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 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.
8. 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, Section 30-20-100.5, C.R.S.
9. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with the approved Waste Handling
Plan, at all times.
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall operate in accordance with the approved Dust Abatement Plan, at all times.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in Section 14-9-30 of the Weld County Code.
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12. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use of the adjacent
properties in accordance with the plan. Neither the direct, not 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.
15. Building Permit maybe required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Code,
2006 International Energy Code, and 2011 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.
16. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
17. 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.
18. 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.
19. 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.
20. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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