Wednesday, August 15, 2018/6:30 P.M./Commissioners' Hearing Room














G.        REMOVED ITEM: 


H.        CONSENT ITEMS:                *Will not be discussed unless requested by Commissioners or members of the audience.



            *1.       CSU CVID LOCATION & EXTENT - #18-ZONE2393


Staff ContactJenn Cram                            

Request: Location and Extent review for Colorado State University to construct an approximate 38,000 sq. ft. facility on the Foothills Campus.

Location: 3105 Rampart Rd., Fort Collins CO

Applicant: Colorado State University, Shelly Carroll, Facilities Services North, Fort Collins, CO 80523


Development Services Team Recommendation: The Development Services Team recommends approval of the Colorado State University Center for Vector-Borne Infectious Diseases Location and Extent, File #18-ZONE2393.




            *2.       FISHBURN CONSERVATION DEVELOPMENT - #18-LAND3723


                        Staff Contact:  Rob Helmick                        

                        Request: 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.

                        Location: 32-4-69; On the north side of CR 2 between the CR 23 and CR 21 south of the Little Thompson River.

                        Applicant: Drew Mockerman, 1404 23rd St. SW, Loveland, CO  80513.


Development Services Team Recommendation: The Development Services Team recommends approval of the Fishburn Conservation Development file # 18-LAND3723, including the appeal to Section 8.14.1.R, connectivity, subject to the following condition(s):


1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Fishburn Conservation Development file # 18-LAND3723except 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.


2.   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. 


3.   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.


4.   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.


5.   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.






I.          ITEMS:


            3.         LAPORTE PIT SPECIAL REVIEW - #17-ZONE2113


Staff Contact:  Rob Helmick                          

                        Request: Special Review for open mining of sand and gravel, on-site material processing and a concrete batch plant on 123 acres.

                        Location: On the North side of County Road 54G just east of Kintzley Plaza, north of the Planatorium.

                        Applicant: Loveland Ready-Mix Concrete Inc., PO Box 299, Loveland CO  80539-0299.


                        Development Services Team Recommendation: The Development Services Team recommends approval of the of the LaPorte Pit Special Review File #17-ZONE2113 subject to the following condition(s):


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 Stroh Pit Special Review File # 09-Z1771 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 Stroh Pit 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 County Commissioners


4.   The applicant shall provide a Development Agreement for review and approval by the Board of County Commissioners no later than 90 days from the approved Findings and Resolution of the Board of County Commissioners. 


5.   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, 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 approval should not be revoked, and/or bring a court action for enforcement of the terms of the 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 approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.


6.   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 approval.


7.   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 approval.


8.   The applicant shall pay the Transportation Capital Expansion Fees (TCEF) within 120 days of the recordation of the Findings and Resolution approving the Special Review. 


9.   Operation hours shall be limited to the hours of 7:30am-5pm Monday through Friday, with one hour for startup and shutdown.  Concrete batching and hauling may occur additionally on Saturday from 8am-noon.  Maintenance and repair may occur 8 am to 2 pm on Saturday.


10.   The Applicant will solicit the approval of the Community Development Division when proposing to operate outside of normal approved hours.


11.    All improvements shall be constructed and approved prior to any hauling from the site. 


12.   All mining and reclamation shall be completed no later than 10 years from the first material hauled from the site.  Applicant shall provide written notice of this event to the County. 


13.   Full berms shall be constructed around all pit sites as the first phase of operation, except as agreed to by adjoining properties.  A grass or other cover shall be immediately established and maintained throughout their life.  Additional berms may also be required along the access road if noise becomes an issue from haul trucks entering and existing the processing plant area.


14.   The applicant must have a construction permit issued by the Air Pollution Control Division prior to starting construction of the berms.


15.   The applicant shall implement a public information website and provide quarterly briefing to the HOAs’ of the surrounding developments.  An advisement of the meetings shall be provided to the County.  The website shall provide contact information for residents to report complaints or ask questions. The applicant must develop a plan to respond to citizen complaints.


16.   The applicant shall develop a noise monitoring plan, to include when and how noise and baselines will be reviewed and established, how results are reported and what the response to noise complaints will be.  This plan shall be submitted, reviewed and approved prior to any mining activity. The applicant shall hire a sound consultant in the first two weeks of processing activity to measure sound levels and provide additional conditions for sound mitigation as needed. The study shall be submitted to the county for review to determine if the operation is in compliance with the noise ordinance and the original sound study.


17.   There shall always be water trucks on site and used to mitigate dust.  In hot, dry and windy conditions, over 20 mph sustained, water shall be applied regularly. Stripping and mining shall not be permitted in 35 mile per hour winds as indicated on the Air Pollution Control Division’s construction permit. The operation must adhere to all the controls required by the state issued construction permit.


18.   The conveyors on site shall be electrical and connected to the grid be and routinely maintained to mitigate noise.


19.   Noise suppression measures and water bars shall be located at all conveyor transfer points.


20.   All internal excavating and construction equipment owned by the applicant must have white noise backup beepers installed.


21.   The access road shall be paved prior to any material hauled off site.


22.   The internal dirt access road proposed around the processing plant for incoming customer trucks and other internal haul roads between the pits and the processing plant, shall be chemically stabilized (magnesium chloride) to reduce dust.


23.   Speed limit signs shall be posted along the access road and other internal haul roads for noise and dust mitigation. Traffic signs for one-way traffic around the processing plant shall also be installed to mitigate noise from customer vehicles.


24.   Emergency maintenance shall be allowed at any time.  Normal maintenance may not occur in the quarry area unless during normal working hours. 


25.   The Larimer County Environmental Health Department has the right to enforce the county noise ordinance.


26.   The controls required by the Air Pollution Control Division’s air construction permit and will require additional controls and dust/emissions are found to be in violation.


27.   No parking, loading or unloading of any vehicles will be allowed within the County right-of-way.


28.   Trucks shall not back onto or use the County Road for a turnaround.


29.   The applicant is responsible for prompt, complete removal of material spilled onto the County roadway


30.   The design and construction of the County Road 54G improvements will need completed prior to the use commencing or within a limited amount of time after the Special Review approval by the Board of County Commissioners.


31.   The applicant shall to agree to work with any adjacent gravel pits so that they may attempt to consolidate access


32.   Truck traffic will be restricted from traveling west on County Road 54G except for local deliveries.


33.   The Engineering Department reserves the right to further comment on traffic and access issues if the projected traffic impact, access location, or haul route changes.


34.   A drainage agreement for the maintenance of the retention ponds post-reclamation will need to be submitted. The agreement will need to include maintenance responsibilities of the perimeter drain if it were to fail in the future.


35.   Secondary access to the site will need to be a gated emergency only access.


36.   Ditch Crossings will need to be designed by a Professional Engineer and be approved by Larimer County and the Ditch Company prior to operation of the pit.


37.   Groundwater monitoring for water level and quality shall be completed by a third party. Results shall be posted publicly upon receipt to the Division of Reclamation, Mining and Safety’s website (assuming they can upload themselves or at least show that results were sent to DRMS for posting?) as required per DRMS’s mining permit. A link to the DRMS website with results shall be made available on the LRM website so that it is easily accessible and convenient for public review.


38.   Septic systems exist to the northwest, east and south of the mine property. These systems shall be evaluated (by an engineer/pumper?) prior to starting to determine that they operating sufficiently. If septic systems are to malfunction as a result of mounded water (based on monitoring well readings?) during the life of the mine, LRM will have to cover costs to repair/replace the septic system as needed per the Health Department’s current On-site Wastewater Treatment System regulations, or connect the property to public sewer if available and within 400 feet of the property.


39.   Reclamation design shall insure that in the created new low lying areas, water saturation/standing water shall be less than 72 hours to prevent mosquitos from laying eggs which could mature to the adult stage. Controlling mosquitoes is an important practice to prevent spread of the West Nile Virus.








K.        ADJOURN


NEXT MEETINGS: Wednesday, September 05, 2018:  BCC/Planning Commission Work Session

                                    Wednesday, September 19, 2018:  Planning Commission Hearing