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HomeMy WebLinkAbout20140460.tiff LAND USE APPLICATION SUMMARY SHEET v GG_ -NT Planner: Diana Aungst Hearing Date: February 4, 2014 Case Number: USR13-0053 Applicant: PTI USA Manufacturing, LLC do Brett Koth 390 Mountain View Drive Berthoud, CO 80513 Request: A Site Specific Development Plan and Use by Special Review Permit for a use permitted as a Use by Right, an Accessory Use or a 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. Legal Lot B Recorded Exemption RE-226 Being part of NE4 of Section 3, T4N, R68W of the Description: 6th P.M., Weld County, CO Location: South of and adjacent to State Highway 60 and west of and adjacent to Interstate 25 Size of Parcel: +/- 124.91 acres Parcel No. 1061-03-0-00-014 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is 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: ➢ Harry Lateral Ditch Company, referral dated November 29, 2013 ➢ Berthoud Fire Protection District, referral dated January 21, 2014 • Weld County Department of Public Works, referral dated December 9, 2013 • Weld County Department of Public Health and Environment, referral dated December 20, 2013 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Town of Johnstown, referral dated December 18, 2013 Little Thompson Water District, referral dated November 20, 2013 ' Weld County Zoning Compliance, referral dated November 27, 2013 ' State of Colorado, Division of Water Resources, referral dated December 2, 2013 y Colorado Department of Transportation, submitted as part of the application, referral dated October 30, 2013 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Town of Berthoud ➢ Colorado Division of Parks and Wildlife ➢ Larimer County ➢ Big Thompson Soil Conservation District ➢ School District RE-2J USR13-0053 PTI Page 1 of 8 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: Diana Aungst Hearing Date: February 4, 2014 Case Number: USR13-0053 Applicant: PTI USA Manufacturing, LLC do Brett Koth 390 Mountain View Drive Berthoud, CO 80513 Request: A Site Specific Development Plan and Use by Special Review Permit for a use permitted as a Use by Right, an Accessory Use or a 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. Legal Lot B Recorded Exemption RE-226 Being part of NE4 of Section 3, T4N, R68W of the Description: 6th P.M., Weld County, CO Location: South of and adjacent to State Highway 60 and west of and adjacent to Interstate 25 Size of Parcel: +/- 124.91 acres Parcel No. 1061-03-0-00-014 Description: The applicant, 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. PTI has approximately 360 employees working at this manufacturing facility. According to the application materials about 10 employees will access the modular storage area during the hours of operation: 6:00 a.m. to midnight Monday— Friday. The applicant is proposing screening and landscaping as well as security lighting for the modular storage area. The storage area will be screened with an eight-foot tall fence that will be constructed out of metal on the east and north and chain link on the west and south. No signage is proposed with this USR. The access to the storage area is from the existing PTI parking lot; the access drives, driving lanes, and storage yard area will be graveled and graded. No additional access points are requested and no additional parking is needed. The Town of Johnstown provides water and sanitary facilities to the manufacturing building and no additional water or sanitary facilities/septic are required for this USR. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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. USR13-0053 PTI Page 2 of 8 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 22-2-20.G - A.Goal 7 states, 'County land use regulations should protect the individual property owner's right to request a land use change.' and 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 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone District 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, an Accessory Use or a 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 23-2-220.A.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 mile of this parcel. USRs-590, 358 and 576 combine together to form the dairy on the property west of and adjacent to the site and USR-1192 for a water tank 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. USR13-0053 PTI Page 3 of 8 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 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 +/- 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 23-2-220.A.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. 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 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 23-2-220.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 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." (Department of Planning Services) B. The plat shall be amended to delineate the following: USR13-0053 PTI Page 4 of 8 1) All sheets of the plat shall be labeled USR13-0053. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 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. (Department of Planning Services) 5) The approved Landscaping/Screening Plan, as shown on the plat. (Department of Planning Services) 6) The approved Lighting Plan. (Department of Planning Services) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. 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 shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. 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 applicant shall be responsible for paying the recording fee. (Department of Planning Services) 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. (Department of Planning Services) 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 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. (Department of Public Works) 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. (Department of Planning Services) USR13-0053 PTI Page 5 of 8 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, for a use permitted as a Use by Right, an Accessory Use or a 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. (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 are 6:00 a.m. to midnight Monday — Friday, as stated by the applicant. (Department of Planning Services) 4. The screening and landscaping on the site shall be maintained in accordance with the approved Screening and Landscaping Plans. (Department of Planning Services) 5. The lighting on the site shall be maintained in accordance with the approved Lighting Plan. (Department of Planning Services) 6. 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. (Department of Public Works) 7. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) 8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 9. 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., as amended. (Department of Public Health and Environment) 10. 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 the approved "waste handling plan", at all times. (Department of Public Health and Environment) 11. 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. (Department of Public Health and Environment) 12. 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. (Department of Public Health and Environment) 13. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health and Environment) USR13-0053 PTI Page 6 of 8 14. 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) 15. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 16. Building permit maybe required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2011 National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 17. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 18. 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. 19. 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. 20. 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. 21. WELD COUNTY'S RIGHT TO FARM: 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 USR13-0053 PTI Page 7 of 8 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 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. USR13-0053 PTI Page 8 of 8 H N DEPARTMENT OF PLANNING SERVICES a $6i 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us �f PHONE: (970) 353-6100, Ext. 3524 C v i FAX: (970)304-6498 r January 02, 2014 KOTH BRETT 390 MOUNTAIN VIEW RD BERTHOUD, CO 805139149 Subject: USR13-0053 -A Site Specific Development Plan and Use By Special Review Permit for a use permitted as a Use By Right, an Accessory Use or a 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. On parcel(s)of land described as: PT NE4 SECTION 3, T4N, R68W PARCEL B REC EXEMPT RE-226 of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on February 4, 2014, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on February 19, 2014 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative 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 www.weldcountyplanningoases.orq If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem LOliv‘ U F2ason:I am the author of this document Date:2014.01.02 08:26:25-07'00' Diana Aungst Planner Diana Aungst From: Brett Koth [Brett.Koth@ptigroup.com] Sent: Tuesday, January 21, 2014 12:26 PM To: Diana Aungst Cc: 'Lance Malburg' (lance@crestonellc.com) Subject: RE: Fire District Referral Diana- We will comply with the requirements of Berthoud Fire Protection District. We will add in a secondary access with a gate and show this on our presentation and final plat. Thanks, Brett Koth Project Manager Construction Services PTI USA Manufacturing, LLC 390 Mountain View Road, Berthoud, CO 80513 D: 970.670.6225 I M: 970.646.8269 Email:Brett.koth@ptigroup.com Original Message From: Diana Aungst[mailto:daungst co.weld.co.us] Sent: Tuesday, January 21, 2014 12:02 PM To: Brett Koth Subject: Fire District Referral Brett: I will put these revised comments into the file. If you like you may send me an email stating that you comply with the requirements of the Berthoud Fire Protection District and I can remove that condition from the staff report. Feel free to contact me with any questions. Regards, Diana Aungst Planner II Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 970-353-6100 ext. 3524 Fax: (970) 304-6498 daungstweldgov.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. 1 Original Message From: Michael Bruner [mailto:mbruner(a�berthoudfire.org] Sent: Tuesday, January 21, 2014 11:51 AM To: Diana Aungst Cc: 'brett.koth@ptigroup.com'; 'lance@crestonellc.com'; Michael Bruner Subject: Form Returned: PTI Comment Form (4).pdf and additional new comments! Dianna: Please note updated comments and requirements for PTI Case# USR13-0053 Mike Bruner Form Returned: PTI Comment Form (4).pdf The attached file is the filled-out form. Please open it to review the data. 2 Diana Aungst From: Brett Koth [Brett.Koth@ptigroup.com] Sent: Friday, January 10, 2014 12:32 PM To: Diana Aungst Cc: Randy Starr (randy@starrwestbrook.com); Peter Jones Subject: PTI storage yard USR 13-053 Ditch Comments Diana- I wanted to send you an email to follow up regarding the comments received from Harry Lateral Ditch. We met with the ditch president, Mr. Herrera and their attorney, Randy Starr to discuss their comments and our plan moving forward. We discussed that our yard had metal fencing and we were a minimum of 90' from the ditch. They had no issue with this and seemed satisfied that this is an acceptable buffer for either burning or the potential for minor flooding. We also discussed that our current plans were to keep the rest of the property farmland, much the same as it is today. If the potential for development would come up in the future, we would consult them at that time for a mutually beneficial outcome. We talked about their objection at the planning meeting and they said there would be none. My understanding is that they have no objections with our storage yard as it is laid out on plans and we have satisfied their concerns. As such, I've coped Randy Starr,their attorney on this email so that he can voice an objection if this not be the case. Regards, Brett Koth Project Manager Construction Services PTI USA Manufacturing, LLC 390 Mountain View Road, Berthoud, CO 80513 D: 970.670.62251 M: 970.646.8269 Email:Brett.koth@ptigroup.com pro 1 FIELD CHECK Inspection Date: 1/16/14 Case Number: USR13-0053 Applicant: PTI USA Manufacturing, LLC do Brett Koth 390 Mountain View Drive Berthoud, CO 80513 Request: A Site Specific Development Plan and Use By Special Review Permit for a use permitted as a Use By Right, an Accessory Use or a 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. Legal Lot B Recorded Exemption RE-226 Being part of NE4 of Section 3, T4N, Description: R68W of the 6th P.M., Weld County, CO Location: South of and adjacent to State Highway 60 and west of and adjacent to Interstate 25 Size of Parcel: +/- 124.91 acres Parcel No. 1061-03-0-00-014 Zoning Land Use N Larimer County N Agriculture E A (Agricultural) E Agricultural S Municipal S Municipal Business Park W Municipal W Agricultural COMMENTS: The site is vacant cropland. It appears to have two agricultural access points off of State Highway 60. There is a ditch on the property that generally travels in a north-south direction along the west property line. ot Diana Aungst, Planner Hello