LARIMER COUNTY PLANNING COMMISSION

Minutes of July 16, 2014

 

The Larimer County Planning Commission met in a regular session on Wednesday, July 16, 2014, at 6:30 p.m. in the Hearing Room.  Commissioners’ Christman, Cox, Dougherty, Miller, Wallace, and Zitti were present.  Commissioners Gerrard and Jensen were absent.  Commissioner Glick presided as Chairman.  Also present were Matt Lafferty, Principle Planner, Terry Gilbert, Community Development Director, Karin Madson, Planner II, Traci Shambo, Engineering Department, Doug Ryan, Health Department, and Jill Wilson, Recording Secretary. 

 

The Planning Commission went on a site visit to Morning Fresh Dairy Amended Special Review.

 

COMMENTS BY THE PUBLIC REGARDING THE COUNTY LAND USE CODE: 

None

 

COMMENTS BY THE PUBLIC REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA:  

None.

 

APPROVAL OF THE MINUTES FOR THE JUNE 11, 2014 MEETING:   MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Dougherty.  This received unanimous voice approval.

 

ELECTION OF OFFICIALS:

MOTION by Commissioner Cox to move the Election of Officials to the end of the agenda, seconded by Commissioner Dougherty.  This received unanimous voice approval.

 

AMENDMENTS TO THE AGENDA:

None.

 

CONSENT ITEM:

 

ITEM #1  MAGIC SKY RANCH AMENDED SPECIAL REVIEW #14-Z1935 :   Ms. Madson provided background information on the request to amend the previous Special Review (file #02-Z1434) to allow 2 Park Model RV’s to be used as seasonal worker housing on a permanent basis at the Girl Scouts Magic Sky Ranch located northeast of County Road 74E, 6.5 miles east of Red Feather Lakes.

 

DISCUSSION:

Commissioner Cox moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of the Magic Sky Ranch Amended Special Review, file #14-Z1935, for the property described on “Exhibit A” to the minutes, subject to the following conditions:

 

1.   This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

 

 

2.   The Site shall be developed consistent with the approved plan and with the information contained in the Magic Sky Ranch Amended Special Review, file #14-Z1935 except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Magic Sky Ranch Amended Special Review.

 

3.   Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.

 

Commissioner Dougherty  seconded the Motion.

 

Commissioners’ Christman, Cox, Dougherty, Miller, Zitti and Chairman Glick voted in favor of the Motion.

 

MOTION PASSED:  6-0

 

 

ITEM:

 

ITEM #2 MORNING FRESH DAIRY AMENDED SPECIAL REVIEW #14-Z1932 :   Mr. Lafferty provided background information on the request  to amend the Morning Fresh Dairy Special Review (12-Z1894) to add additional building area for the manufacturing of yogurt associated with the existing Dairy, and to modify the site design with new building locations.   The dairy is situated on both the north and south sides of County Road 54E, just west of Highway 287.  He stated that Value Added Agriculture in the Larimer County Land Use Code required hours of operation from 7:00 a.m. to 9:00 p.m.  The manufacturing on site occurred 24 hours.  As a result, an appeal to the Board of County Commissioners would be submitted to deviate from that standard.  The Development Service Team was recommending approval of the Amended Special Review.

 

Commissioner Dougherty asked if there was efficient water supply on site.

 

Mr. Lafferty replied yes.

 

Commissioner Dougherty asked if the noise issues would lessen if the hours of operation were limited.

 

Mr. Lafferty deferred that question to the applicant and neighbor.

 

Commissioner Zitti asked about the wastewater system and where it would be located.

 

Mr. Lafferty explained that the facility would be located on the southeast portion of the property.

 

At this point in the hearing, Commissioner Wallace joined commission.

 

 

 

PUBLIC TESTIMONY:

Herb Schaal, lived ¼ mile west of the facility, was in favor of the operation and felt that it helped preserve the agricultural aspect in the area.  He had some concerns with the sound from the new operation, which he understood was temporary but wondered when it would be resolved.  He also wondered about the limitation to the use and wondered if it could be expanded again.  If so, he had concerns that it would increase noise, traffic, odor, dust, etc.

 

Commissioner Wallace asked if the traffic had impact on the community.

 

Mr. Schaal replied not currently.

 

Commissioner Cox asked how long the noise had been an issue.

 

Mr. Schaal stated that it had been an issue for at least a month.  It was a constant rumbling noise.

 

Robert Graves, applicant, stated that the noise came from the boiler.  He stated that it was the spare boiler, which was being used while the main boiler was being serviced.  The long term solution was to replace the spare boiler.  He stated that he was unsure of the growth and the future of the business.

 

Commissioner Dougherty asked if hours of operation could affect the noise.

 

Mr. Graves stated that the cows were milked 24 hours a day, and the yogurt operation and process took 24 hours.

 

Commissioner Dougherty asked if it would be of harm to limit the hours of operation.

 

Mr. Graves stated that the cows had to be milked and could not be within that timeframe.  The yogurt process was a 24 hours process.  He stated that operations were all indoors.

 

DISCUSSION:

Commissioner Glick asked what would occur if the use was approved and noise was still a problem and concern for the surrounding area and neighbors.

 

Mr. Lafferty explained that there was a noise ordinance that could measure the noise in the area. 

 

Commissioner Wallace stated that a retail aspect would warrant different hours of operation and not a 24 hour operation.

 

Commissioner Zitti, Christman, and Miller felt that the issues had been addressed and were in favor of the application.

 

Commissioner Wallace assessed the review criteria for Special Reviews. 

 

Chairman Glick stated that the seven commissioners present would recommend allowing the manufacturing of the operation to be 24 hours a day.  Any proposed retail operations would need to have limited hours.

 

 

Commissioner Cox moved that the Planning Commission adopt the following Resolution:

 

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners approval of the Morning Fresh Dairy Amended Special Review, file #14-Z1932, for the property described on “Exhibit B” to the minutes, subject to the following conditions:

 

1.   This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

                                                         

2.   The Site shall be developed consistent with the approved plan and with the information contained in the Morning Fresh Dairy Special Review (File # 12-Z1894) and the Morning Fresh Dairy Amended Special Review (File #14-Z1932) except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Morning Fresh Dairy Special Review and the Morning Fresh Dairy Amended Special Review.

 

3.   Failure to comply with any conditions of the Special Review and Amended Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners

 

4.   This application is approved without the requirement for a Development Agreement. In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review and Amended Special Review, applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Special Review and Amended Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review and Amended Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review and Amended Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

 

5.   County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review and Amended Special Review approval.

 

6.   The Findings and Resolution shall be a servitude running with the Property.  Those owners of the Property or any portion of the Property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review and Amended Special Review approval.

 

 

 

 

7.   Wastewater management for the dairy farm, dairy plant, and yogurt manufacturing facility shall be conducted in accordance with requirements administered by the Colorado Department of Public Health and Environment.  In order to demonstrate progress toward these standards, the applicant shall work with the Hazardous Materials and Waste Management Division to develop a compliance schedule for bringing the dairy plant and yogurt facility into compliance with the Solid Waste Sites and Facilities Regulations.  A state approved compliance schedule shall be presented prior to issuance of building permits for facilities addressed under this land use special review.  Wastewater management for the dairy farm, dairy plant, and yoghurt manufacturing facility shall be conducted in accordance with water quality requirements administered by the Colorado Department of Public Health and Environment. Compliance shall proceed according to the applicant’s Wastewater Treatment Compliance Schedule dated April 15, 2014, or more stringent standards as may be imposed by the Colorado Department of Public Health and Environment.

7.

8.   Unless the Planning Department is notified in writing to by the Poudre Fire Authority and the Larimer County Building Department, the yogurt expansion and annex buildings on the South Side of CR 54E and the warehouse building on the north side of CR 54E shall be equipped with automatic fire sprinkler systems, and a fire hydrant shall be installed on each side of the building complex shall be as stated in the referral letter from Poudre Fire Authority by Jim Lynkwiler, Fire Protection Technician dated May 23, 2014.  Said systems shall be installed in the existing buildings noted above by January 1, 2014.

 

9.   Site lighting required for the use shall include shielding to cause downward lighting in accordance with Section 8.15 for the Larimer County Land Use Code.

 

Commissioner Dougherty seconded the Motion.

 

Commissioners’ Christman, Cox, Dougherty, Miller, Wallace, Zitti and Chairman Glick voted in favor of the Motion.

 

MOTION PASSED:  7-0

 

 

 ELECTION OF OFFICIALS:

Commissioner Zitti nominated Commissioner Wallace for Chairman.  Chairman Glick moved to close the Nominations and to cast a unanimous ballet electing Commissioner Wallace as Chairman.  MOTION PASSED.

 

Commissioner Zitti nominated Commissioner Glick for Vice Chairman.  Chairman Glick moved to close the Nominations and to cast a unanimous ballet electing Commissioner Glick Vice Chairman. MOTION PASSED.

 

Commissioner Zitti nominated Commissioner Cox for Secretary.  Chairman Glick moved to close the Nominations and to cast a unanimous ballet electing Commissioner Cox as Secretary.  MOTION PASSED. 

 

REPORT FROM STAFF:  Mr. Lafferty reminded the Commission of their upcoming meetings. 

Commissioner Glick suggested Value Added Agriculture be discussed further at a joint worksession.

 

ADJOURNMENT:   There being no further business, the hearing adjourned at 7:35 p.m.

 

 

These minutes constitute the Resolution of the Larimer County Planning Commission for the recommendations contained herein which are hereby certified to the Larimer County Board of Commissioners.

 

 

_______________________________                      ______________________________

Scott Glick, Chairman                                                            Nancy Wallace, Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT A

 

 

 

E ½ SE ¼; SE ¼ NE ¼ 32-10-72

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

A parcel of land being part of North Half of the Southwest Quarter (N1/2 SWl/4) of Section

Twenty-four (24), Township Eight North (T.8N.), Range Seventy West (R.70W.) of the Sixth

Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly

described as follows:

 

COMMENCING at the West Quarter (W1/4) corner of said Section 24 and assuming the West

line of the Southwest Quarter (SW1/4) of said Section 24 as bearing South 01 °11'55" East, being a

Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum

1983/2007 , a distance of 2634.47 feet with all other bearings contained herein relative thereto;

 

THENCE South 01 °11'55" East along the West line of said Southwest Quarter (SWl/4) a distance

of 359.26 feet to the POINT OF BEGINNING;

 

THENCE North 88°49'36" East a distance of 1063.35 feet to the West line of Lot 1, Graves Minor

Land Division (M.L.D.) #02-S2001, recorded December 31, 2002 as Reception No. 2002143298 of

the records of the Larimer County Clerk and Recorder;

Thence along the West, Northerly, Easterly and Southerly lines of said Lot 1 the following Fifteen

(15) courses and distances:

THENCE North 01 °51'01" East a distance of 146.23 feet;

THENCE South 72°55'15" East a distance of 25.57 feet;

THENCE South 81 °43'40" East a distance of 209.90 feet;

THENCE South 58°17'12" East a distance of 104.69 feet;

THENCE South 56°14'05" East a distance of 260.92 feet;

THENCE South 44°06'25" East a distance of 200.63 feet;

THENCE South 29°48'47" East a distance of 188.86 feet;

THENCE South 01 °05'40" East a distance of 134.75 feet;

THENCE South 49°12'23" West a distance of 154.59 feet;

THENCE North 87°30'18" West a distance of 114.19 feet;

THENCE South 86°10'40" West a distance of 59.41 feet;

THENCE South 86°10'40" West a distance of 55.23 feet;

THENCE South 79°14'13" West a distance of 132.53 feet;

THENCE South 52°05'56" West a distance of 509.14 feet;

THENCE North 67°56'23" West a distance of 8.12 feet to the South line of said North Half of the

Southwest Quarter (N1/2 SWl/4);

THENCE South 89°33'47" West along said South line a distance of 937.09 feet to the South

Sixteenth (S1/16) comer between said Section 24 and Section Twenty-three (23), Township Eight

North (T.8N.), Range Seventy West (R.70W.) of the Sixth Principal Meridian (6th P.M.);

THENCE North 01 °11'55" West along the West line of said Southwest Quarter (SW1/4) a distance

Of 957.98 feet to the POINT OF BEGINNING;

 

EXCEPTING THEREFROM:

The Fifty (50) feet of Dedicated Right-of-Way for Larimer County Road 25E dedicated by said

Graves Minor Land Division (M.L.D.) #02-S2001.

Said described parcel of land contains 33.738 Acres, more or less (±), and is subject to any rights of-

way or other easements of record or as now existing on said described parcel of land.