Minutes of August 15, 2018
The Larimer County Planning Commission met in a regular session on Wednesday, August 15, 2018, at 6:30 p.m. in the Hearing Room. Commissioners’ Choate, Dougherty, Gerrard, Johnson, Lucas, Miller and Wallace were present. Commissioner Jensen presided as Chairman. Commissioner Caraway was absent. County Staff present were Todd Blomstrom, Community Planning, Infrastructure and Resources Director, Lesli Ellis, Community Development Director, Matt Lafferty, Principal Planner, Carol Kuhn, Principal Planner, Rob Helmick, Senior Planner, Jenn Cram, Planner II, Clint Jones, Engineering Department, Lea Schneider, Health Department, and Debby Johnson, Recording Secretary.
The Planning Commission went on a site visit to CSU CVID Location & Extent, Fishburn Conservation Development and Laporte Pit Special Review.
COMMENTS BY THE PUBLIC REGARDING THE COUNTY LAND USE CODE:
COMMENTS BY THE PUBLIC REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA:
APPROVAL OF THE MINUTES FOR THE JULY 18, 2018 MEETING: MOTION by Commissioner Dougherty to approve the minutes, seconded by Commissioner Gerrard. This received unanimous voice approval.
ITEM #1 CSU CVID LOCATION & EXTENT – FILE #18-ZONE2393: Ms. Cram provided background information on the request for a Location and Extent review for Colorado State University to construct an approximate 38,000 sq. ft. facility on the Foothills Campus.
Commissioner Dougherty moved that the Planning Commission adopt the following Resolution:
BE IT RESOLVED that the Planning Commission recommends to the Board of County Commissioners approval of the CSU CVID Location & Extent File #18-ZONE2393, for the property described on “Exhibit A” to the minutes.
Commissioners’ Dougherty, Lucas, Miller, Gerrard, Wallace, Johnson, Choate and Chairman Jensen voted in favor of the Motion.
MOTION PASSED: 8-0
ITEM #2 FISHBURN CONSERVATION DEVELOPMENT – FILE #18-LAND3723: Mr. Helmick provided background information on the request for the Conservation Development to subdivide 37 acres with one existing home to create two new single family lots of 4 acres and a residual lot of 26 acres. This request includes appeal to Section 8.14.1.R, connectivity.
BE IT RESOLVED that the Planning Commission recommends to the Board of County Commissioners approval of the Fishburn Conservation Development file #18-LAND3723, including the appeal to Section 8.14.1.R, connectivity, for the property described on “Exhibit B” to the minutes, subject to the following conditions:
- The final plat shall be consistent with the approved preliminary plan and with the information contained in the Fishburn Conservation Development file # 18-LAND3723, 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 Fishburn Conservation Development.
- The following fees shall be collected at building permit issuance for new single family dwellings: Poudre School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication) and drainage fees. The fee amount that is current at the time of building permit application shall apply.
- All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation. The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table. Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.
- Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.
- The final drainage plan submitted at the final plat must address the concerns of the Engineering Department as noted in their May14, 2018 memo. Specifically addressing drainage path and ponding.
Commissioner Gerrard seconded the Motion.
MOTION PASSED: 8-0
Commissioner Dougherty stated that there is a possibility that he might hear this application in the future. He would like to recuse himself
Chairman Jensen acknowledged Commissioner Dougherty’s recusal.
Commissioner Choate stated he has done business with the applicant’s representative in the past but believes there is no reason to recuse himself.
Chairman Jensen agreed.
Commissioner Gerrard stated that he has done business with Loveland Ready Mix but has no financial interest in this application.
Chairman Jensen stated that he had gone to High School with Stephanie Fancher but has had no relationship with the applicant since then.
ITEM #3 LAPORTE PIT SPECIAL REVIEW FILE #17-ZONE2113: Mr. Helmick provided background information on the request for a Special Review for open mining of sand and gravel, on-site material processing and a concrete batch plant on 123 acres on the North side of County Road 54G just east of Kintzley Plaza, north of the Planatorium.
Chairman Jensen asked is there any implication that the metro distract is still intact.
Mr. Helmick replied that it had gone dormant for a period of time, but it still exist on the books and it could still serve this property in the future.
Chairman Jensen asked about the road improvements for a condition of approval and to what extent is the applicants responsibility.
Mr. Helmick replied that the applicant is responsible for the frontage of the property and an additional 1400 feet to the east.
Chairman Jensen asked when the road was scheduled to be improved in the Master Plan.
Mr. Helmick replied that it is not on any Capital Improvement Plan at this time but it is designated.
Chairman Jensen stated that the applicant was required to get additional studies and asked what the result of the studies were.
Mr. Helmick replied that the County required Ground Water modeling, Well monitoring, and an additional Air Quality analysis. Mr. Helmick stated that some of these are still outstanding, but all indications show that the applicant can meet the standards.
Commissioner Lucas asked about the Laporte Area Plan.
Mr. Helmick responded with a slide of the Laporte Area Plan.
Kent Bruxvoort, a Civil Engineer with Telesto Solutions is assisting the applicant with their application. Mr. Bruxvoort provided a detailed presentation and overview of the general area of the proposal.
Brad Fancher, Vice President and General Manager of Loveland Ready Mix gave a detailed presentation of the Loveland Ready Mix Company, as a small owner operated company and its daily operations.
Stephanie Fancher provided a detailed presentation on the permitting and regulatory process. Also discussed the adjacent residents, the noise impact and the reclamation plan.
Walt Niccoli, Ag Engineer, he provided a detailed presentation on the Environmental Air Quality Study, Noise Study, and Ground Water Study.
Commissioner Miller asked if the last picture showed in the presentation was the Loveland Plant.
Mr. Niccoli replied yes.
Commissioner Gerrard asked if they were thinking about putting a bag house on top of the batch plant.
Mr. Niccoli replied yes.
Commissioner Lucas asked if they have a proposed deepest excavation point.
Mr. Niccoli replied that it would be 20-feet being the deepest.
Commissioner Lucas asked after reclamation who decides if the property will be pasture or water.
Mr. Niccoli replied that right now it will be pasture. The applicant would need to go through a lot more permitting process for it to be water.
Commissioner Gerrard asked how many cement trucks will be visiting this site per day and what could be done about noise and if the applicant would accept a condition of approval about the noise.
Mr. Fancher replied that there would be about 10 cement trucks per day and they are looking into doing something about the noise of these trucks. Mr. Fancher replied that they would accept the condition of approval and that this is why they are putting the batch plant toward the back of the property.
Commissioner Wallace asked if the crushing process will still take place if the batch plant wasn’t approved.
Mr. Fancher stated that this would be an entirely different plant without the batch process.
Commissioner Wallace asked Ms. Fancher if she would consider a condition of approval to leave the property as reclaimed pasture and not a development.
Ms. Fancher stated that their plan is to leave it as pasture, but it is a catch 22 because the Laporte Area Plan shows it as future development.
Commissioner Johnson asked about the 10 years reclamation plan.
Ms. Fancher stated that it will take longer than the 10 years to reclaim the land.
Commissioner Johnson asked Mr. Helmick about condition #12, “All mining and reclamation shall be completed no later than 10 years”. Does this mean from the bond with DMRS.
Mr. Helmick replied that we don’t deal with the bond and from our respective reclaimed means the dirt work and planting is done.
Commissioner Johnson asked Ms. Fancher how much reserve do you have with DMRS.
Ms. Fancher replied that we notify DMRS when we are done mining the site and then the clock starts ticking with DMRS and they give us 5 years for reclamation.
Commissioner Johnson stated that the 10 years is looking pretty tight from mining to reclamation.
Ms. Fancher replied that she has stated this to Mr. Helmick and she was told to discuss this issue tonight.
Commissioner Miller asked basing your current need and use on the 10 year cycle if you could be done before the 10 years.
Mr. Fancher stated that because of the hours they are allowed to operate and the amount they agreed to with production that this would not be possible to mine the site quicker.
Commissioner Gerrard asked if you can’t batch until 7:30 a.m. at what time will your truck show up on a job site in Fort Collins.
Mr. Fancher replied that it will put us on-site about 8:00 a.m.
Commissioner Gerrard asked at what time do you start batching at the other plants.
Mr. Fancher replied that we batch between 5:00 a.m. and 6:00 a.m. and stated that he asked Mr. Helmick about starting this earlier and was told no.
Commissioner Gerrard asked Mr. Helmick why the time restriction was placed on this plant and not on the applicant that they heard last month.
Mr. Helmick stated that the plant last month is in an Industrial area and it is only a batch plant, not a mining and batch plant.
Commissioner Miller asked if the Loveland plant had many neighborhood complaints with regard to the batch plant.
Mr. Fancher replied no we have no complaints.
Commissioner Choate asked if moving the batch plant part of the operation further north would this cut down on the noise for the community.
Mr. Bruxvoort replied that the Zoning Code 4.3 of the Land Use Code connects the batching with the mining and that a batch plant can’t be permitted as an independent site. Mr. Bruxvoort asked for a clarification from Mr. Helmick.
Mr. Helmick replied that a batch plant has always been an accessory use, unless it is zoned Industrial.
Commissioner Johnson asked how much land along the Poudre River is available for mining in Fort Collins
Mr. Helmick replied no more than 3 sites east of the City of Fort Collins and nothing until you get to Timnath that has not been developed.
Commissioner Jensen asked how much of the cement truck traffic will be going east and west.
Mr. Bruxvoort replied that 97.5% will be going east and 2.5% will be going west.
Commissioner Jensen asked if you would be consider using a different route other than Overland Trail.
Mr. Fancher replied yes.
Commissioner Jensen asked the maximum height of the stock piles.
Mr. Fancher replied 20 feet.
Commissioner Jensen asked should the bond have to be invoked does the state or bond holder have to reclaim to your plan.
Mr. Fancher replied yes.
Commissioner Jensen asked how close the mining plant in Loveland is to the Big Thompson river and if there has ever been any problems with discharge into the Big Thompson river.
Mr. Fancher replied 100 feet and no there has never been any problems.
Commissioner Gerrard asked if the applicant could describe their mining operation.
Mr. Fancher replied that they will run 2 -3 days a week continually throughout the year. The gravel plant is mined enough to keep the stock piles full next to the batch plant.
Commissioner Jensen asked if you could split the operations to allow you to begin batching earlier but not allow you to mine before the 7:30 a.m. time frame. He asked Mr. Fancher if that is something you could do and handle that.
Mr. Fancher replied absolutely.
Commissioner Wallace asked about using the Bypass that Mr. Helmick spoke of instead of using 54G as the main access point and if they would be willing to accept that as a condition of approval.
Mr. Fancher stated that they have no legal right to use the Bypass.
Mr. Bruxvoort stated that they can agree to work with Timbervine but could not accept this as a condition of approval because they have not legal right to access private property.
Commissioner Choate asked if they would consider water storage as part of the reclamation process.
Mr. Fancher replied that they have not been approached by anyone with water, but that could be an option.
John Barth, Attorney for the No Laporte Gravel Corp., gave a detailed group presentation on the concerns of the area residents and businesses. He suggested that the Planning Commission deny this application.
Commissioner Wallace asked Mr. Barth to please respond to his last issue requiring the applicant to make it open space when it is out of their hands because of the Laporte Area Plan.
Mr. Barth replied that it should not be their concern but the concern of the Planning Commission. It is zoned Open for Open Space.
Commissioner Gerrard stated that this is a natural resource and designated by the State of Colorado as critical. How do you suggest that the Planning Commission Board go tell the applicant to mine elsewhere.
Mr. Barth replied that the State of Colorado can’t make those decisions for the Board. This Board has the power for Land Use designation in the County. The Special Use Review specifically acknowledges that some use may not be compatible and this use is not.
Laurie Evans stated the Community concerns.
Teresita Reyes stated her health concerns for people and the environment.
Jack West stated his support for the applicant and collected signatures in favor of the applicant.
Ladelle West stated she supports the acceleration and deceleration lanes and has safety concerns for County Road 54G.
Patrick Redmond stated he has baled and farmed the said property and the work was very dusty. Mr. Redmond stated that he never had one complaint from the neighbors and he is in support of the applicant.
Alison Schonhoff stated she is a Co-Chair of LAPAC and is concerned for the growth in the community.
Christine Bebow stated her concern about another heavy industrial use.
Erin Hayhow stated her concern for the growth, health and the environment for herself and fellow students.
Kathy Clark stated her concern for the community harmony.
Tom Houston stated his support for the applicant.
Laura Martinez stated that she takes annual field trips to the Loveland site and is in support of the applicant.
Katherine Slota stated she has an organic farm and contamination of the irrigation water might affect her livelihood.
Commissioner Choate asked where her farm is located.
Ms. Slota stated they are on the northwest corner.
John Skinner stated his concerns with the Environmental Study.
Ray Burgener stated he is a 71- year resident and is in favor of the applicant.
Jerry Johnson stated his concern with the dust and water table.
Mandy Krotzman stated her concern on the negative impact on air and water quality, noise and traffic.
Bruce Davidson stated his concern for the noise decibels and the extra traffic.
Juan Vargas stated he is in support of the applicant.
Dennis Gallegos stated his concern for the noise and dust.
Sheble McConnellogue stated her support for the applicant.
Ryan Houdek stated his concern with the location and traffic on County Road 54G.
Chairman Jensen stated that with the time restraints for the evening, the hearing was adjourned at 10:01 p.m. until August 22, 2018, at 6:30 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.
Jeff Jensen, Chairman Nancy Wallace, Secretary
E XHIBIT A
Legal Description: N 1/2 17-7-69 LESS 97170-00-909, 97170-00-910, 97170-00-913, AND LESS COLLEGE LAKE; LESS ROW PER 20080010234; LESS ROW PER 20090066294
E XHIBIT B
Legal Description: POR E 1/2 SW & W 1/2 SE 1-4-69, BEG AT SE COR, N 89 29' 02" W 1544 FT TPOB, N 10 29' 15" E 35.9 FT, N 66 35' 15" W 12.3 FT, N 50 11' 40" W 14.4 FT, N 24 9' 20" W 15.3 FT, N 1 18' 25" W 237.6 FT, N 6 49' 30" W 127.1 FT, S 75 12' 10" W 34 FT, N 23 27' 55" W