HomeMy WebLinkAbout20140459.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
-00
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO '-
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR13-0053
APPLICANT: PTI USA MANUFACTURING LLC
PLANNER: DIANA AUNGST
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 DESCRIPTION: PARCEL B REC EXEMPT RE-226 EXC; PART NE4 SECTION 3,T4N, R68W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO HWY 60 AND WEST OF AND ADJACENT TO
INTERSTATE 25.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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.
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RESOLUTION USR13-0053
PTI USA MANUFACTURING LLC
PAGE 2
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.
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.
RESOLUTION USR13-0053
PTI USA MANUFACTURING LLC
PAGE 3
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 Planning Commission 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:
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)
RESOLUTION USR13-0053
PTI USA MANUFACTURING LLC
PAGE 4
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
mapsco.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)
Motion seconded by Nick Berryman.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bret Elliott
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Mark Lawley
Michael Wailes
Nick Berryman
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on February 4, 2014.
Dated the 4th of February, 2014.
Digitally signed by Kristine
"t-/ 61't4 . Ranslem
Date:2014.02.07 07:35:30-07'00'
Kristine Ranslem
Secretary
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)
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)
RESOLUTION USR13-0053
PTI USA MANUFACTURING LLC
PAGE 6
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 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.
RESOLUTION USR13-0053
PTI USA MANUFACTURING LLC
PAGE 7
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,sandburs,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.
Pe mmCbteS
//•///JJ��/ ///^JL}/ EXHIBIT
Motion : Forward Case USR13-0052 to the Board of County Commissioners along with t ü5f?/ 3CO5
,.
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Sparrow, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman.
CASE NUMBER: USR13-0053
APPLICANT: PTI USA MANUFACTURING LLC
PLANNER: DIANA AUNGST
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 DESCRIPTION: PARCEL B REC EXEMPT RE-226 EXC; PART NE4 SECTION 3, T4N, R68W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO HWY 60 AND WEST OF AND ADJACENT TO
INTERSTATE 25.
Diana Aungst, Planning Services, presented Case USR13-0053, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Brett Koth, PTI , 390 Mountain View Avenue, Berthoud, Colorado, stated that they are trying to increase
their output of these modular units from their factory from 16 to 20 per week. The storage currently has
space for 30 units and they are requesting additional area for storage.
Commissioner Lawley asked if they intend to annex into the Town of Johnstown. Mr. Koth said that they
do not intend to annex into Johnstown. He added that they have no interest in developing the land; they
intend to only use the site as storage.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion : Forward Case USR13-0053 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola, Seconded by Nick Berryman.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Sparrow, Jordan Jemiola, Joyce Smock, Mark Lawley, Michael Wailes, Nick Berryman.
CASE NUMBER: USR13-0054
APPLICANT: TRI-STATE GENERATION AND TRANSMISSION, INC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
FOR A MAJOR FACILITY OF A PUBLIC UTILITY (TWO (2) 115KV
TRANSMISSION LINES EXTENDING APPROXIMATELY 24.7 MILES AND
TWO (2) SUBSTATIONS - KEOTA AT THE WEST TERMINAL AND REDTAIL
AT THE EAST TERMINAL) AND ONE (1 ) 250 FOOT COMMUNICATION
2
2011-/-045
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