AGENDA

LARIMER COUNTY PLANNING COMMISSION

Wednesday, July 16, 2014/6:30 P.M./Commissioners' Hearing Room

 

A.        CALL TO ORDER

 

B.        PLEDGE OF ALLEGIANCE

 

C.        PUBLIC COMMENT ON THE COUNTY LAND USE CODE

 

D.        PUBLIC COMMENT REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA

 

E.         APPROVAL OF THE MINUTES FOR THE JUNE 11, 2014 MEETING.

 

F.         ELECTION OF OFFICALS

 

G.        AMENDMENTS TO AGENDA

 

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

 

*1.       MAGIC SKY RANCH AMENDED SPECIAL REIVEW                             #14-Z1935

 

Staff Contact:  Karin Madson

            Request:  Amended Special Review to allow 2 Park Model RV’s to be used as seasonal worker housing on a permanent basis.

            Location:  4, 5 & 8-9-72 and 32-10-72; located northeast of County Road 74E, 6.5 miles east of Red Feather Lakes.

            Applicant:  Girl Scouts of Colorado, Myrnan Fronczak, 400 South Broadway, Denver, CO  80529

 

Development Services Team Recommendation:  The Development Services Team recommends the Larimer County Planning Commission recommend to the Board of County Commissioners Approval of the Magic Sky Ranch Amended Special Review, file #14-Z1935, 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 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.

 

 

I.          ITEM:

 

2.         MORNING FRESH DAIRY AMENDED SPECIAL REVIEW                    #14-Z1932

 

Staff Contact:  Matt Lafferty

Request:  An amendment to 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.

Location:  A portion of Section 24, Township 8 North, Range 69 West; more specifically the property is situated on both the north and south sides of County 54E, just west of Highway 287.

            Applicant:  RB&B Architects, Rebecca Spears, 315 East Mountain Avenue, Fort Collins, Colorado 80524

 

Development Services Team Recommendation:  The Development Services Team recommends that the Larimer County Planning Commission recommend to the Board of County Commissioners approval of the Morning Fresh Dairy Amended Special Review (File # 14-Z1932) subject to the original conditions of approval (File #12-Z1894) 1 thru 9 below, with amendments to said conditions in bold:

 

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.

 

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.

 

 

J.          REPORT FROM STAFF

 

K.        ADJOURN

 

Detailed information

 

NEXT MEETINGS:   Wednesday, August 13, 2014:  BCC/Planning Commission worksession

Wednesday, August 20, 2014: Planning Commission hearing