HomeMy WebLinkAbout990283.tiff HEARING CERTIFICATION
DOCKET NO. 99-07
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1210 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT IN THE
A (AGRICULTURAL) ZONE DISTRICT - CATTLEMAN'S CHOICE LOOMIX, LLC
A public hearing was conducted on February 10, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Ben Patton
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 27, 1999, and duly published January 30,
1999, in the Fort Lupton Press, a public hearing was conducted to consider the request of
Cattleman's Choice Loomix, LLC, for an Agricultural Service Establishment in the A (Agricultural)
Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Ben Patton,
Department of Planning Services representative, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written. Mr.
Patton gave a brief description of the location of the site, which is 6.18 acres in size. He explained
the applicant intends to use the property for research, an office for seven to ten employees,
storage, and a home for the grounds keeper. Mr. Patton stated the applicant will not be building
any new structures; will have only a few animals at the site during various times of the year; and
trucks will make deliveries to the site approximately twelve times per year. He stated six referrals
responded in support of the application, including a referral from the Town of Johnstown which
indicated the site may be annexed in the future. Mr. Patton also noted a petition was submitted by
surrounding property owners in opposition to the proposal. He stated no prime farmground will be
taken out of production, and parking for staff and visitors will be screened. Mr. Patton submitted
a letter from the Colorado Department of Transportation, marked Exhibit F, as well as proposed
wording for Condition of Approval#2.1, marked Exhibit G. Mr. Patton also requested Development
Standard #9 be deleted, as it is a duplicate of Development Standard #12.
In response to Commissioner Kirkmeyer, Mr. Morrison stated the application is for a commercial
operation with agricultural zoning; however, the number of animals is controlled by the permit, not
the underlying zoning. He further stated a specific number to be allowed should be addressed
since this is an issue of concern with the surrounding property owners. Mr. Patton clarified
currently there is not a Condition of Approval or Development Standard which limits the number of
animals at the site. Responding to Commissioner Kirkmeyer, Sheble McConnellogue, Health
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HEARING CERTIFICATION - CATTLEMAN'S CHOICE LOOMIX, LLC (USR #1210)
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Department representative, stated if the number of animals is limited, Condition of Approval#2.D.
will no longer be necessary and can be deleted. In response to Commissioner Geile, Mr. Patton
stated the site will use Johnstown water through the existing tap and the 6.2 acres are farmable;
however, the application indicated the site will be used for research purposes. Responding to
Commissioners Vaad and Kirkmeyer, Mr. Patton clarified the final resolution for this case will reflect
the sections of the Zoning Ordinance pertaining to the Board of Commissioners, and explained the
Planning Department only needs confirmation that the various plans have been submitted and
approved by one of the other departments; they do not require an additional copy. In response to
Commissioner Kirkmeyer,TrevorJiricek, Department of Health representative,stated Development
Standard#10 is necessary because the applicant must comply with CAFO Regulations regardless
of the number of animals at the site. He explained if the Standard is deleted, the applicant will still
be subject to the State regulations for facilities housing less than 1,000 animals.
Kenneth Munsch, Manager of Cattleman's Choice Loomix, LLC, stated the company takes natural
bi-products and adds vitamins and minerals. He stated there are three manufacturing sites, and
the one in Johnstown has been in operation since 1978. Mr. Munsch stated the manufacturing is
done on a contract basis at the three sites, and the proposed site will only be used for marketing,
accounting, billing and retail. He stated there will be five full-time employees, as well as temporary
employees when necessary. Mr. Munsch stated the company will be investing $100,000 to
upgrade the property's heating, air conditioning, plumbing and electrical wiring in an effort to
preserve the agricultural tradition of the Virginia Lyn Farm. In response to Commissioner
Kirkmeyer, Mr. Munsch stated the company has twelve employees, five of which will work at the
new site. Responding to further questions from Commissioner Kirkmeyer, Mr. Patton stated there
are three accesses; however, one will be used as the primary driveway and the other two create
a circle drive which will allow truck traffic to enter and exit easier. In response to Commissioner
Vaad, Mr. Patton stated there is 75 feet of right-of-way which currently exists, the letter from the
Colorado Department of Transportation is only requesting the right-of-way be delineated on the
plat. Responding to Commissioner Geile, Mr. Munsch explained currently there are horses on the
property, and the company has given the owner six months to find alternate boarding for the
animals. He stated there will not be animals at the site a majority of the time; however, they do
want to reserve the right to have a few, and are willing to limit the number to eight animal units.
Cindy Tellup-Turner, surrounding property owner, stated she is not concerned with the number of
animals as long as the pasture is planted with grass to prevent weeds and blowing dirt. In
response to Ms. Tellup-Turner's concerns, Mr. Munsch stated the pasture is currently planted in
grass. He explained the product the company produces is designed to help grazing animals break
down their feed better, therefore, it will be necessary to keep the pasture planted with grass for
research purposes.
In response to Commissioner Baxter regarding farming the property, Mr. Munsch stated one acre
will be rented to the grounds keeper, the garden, gazebo and warehouse cover approximately one
acre, and two acres are farmed or planted with grass. He further stated Johnstown water will be
used to irrigate the property. In response to Commissioner Vaad, Mr. Patton stated Condition of
Approval #2.C addresses the Landscape Plan which includes the pasture area. Commissioner
Kirkmeyer commented the existing landscaping is more than adequate, and stated the concern of
weeds and dust are also addressed in the Condition of Approval #2.F regarding nuisance
conditions. Mr. Patton clarified the Landscaping Plan indicates vegetation that currently exists and
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is not requiring any additional landscaping. Chair Hall suggested the applicant only be required
to submit a general plan to provide adequate buffering, which will allow the applicant to change the
yard. Mr. Morrison stated the landscaping plan is an administrative matter and suggested staff be
directed to keep a photographic inventory and obtain a statement from the applicant that the
current level of landscaping will be maintained. In response to Commissioner Kirkmeyer, Mr.
Munsch stated he understands and agrees with the Conditions of Approval, Development
Standards, and the addition of Condition#2.1. In response to Commissioner Kirkmeyer, Mr. Patton
stated the Parking Plan does not require paving.
Commissioner Kirkmeyer moved to approve the request of Cattleman's Choice Loomix, LLC, for
a Site Specific Development Plan and Special Review Permit #1210 for an Agricultural Service
Establishment in the A(Agricultural)Zone District, based on the recommendations of the Planning
staff and the Planning Commission, with the Conditions of Approval and Development Standards
as entered into the record with an amendment to the second sentence of Condition #2.C to read,
"The landscaping plan shall indicate implementation schedule and landscape maintenance plan.",
add Condition #2.1 as submitted by staff, and delete Condition #2.E, and renumber. The motion
was seconded by Commissioner Baxter. Regarding whether the number of animals should be
limited, Commissioner Baxter stated he agreed with the limit as suggested by the applicant.
Commissioner Geile expressed concern that the limit may cause problems when reselling the
property. Commissioner Vaad stated the limit is part of the Special Review Permit and will be
vacated when the property is sold if the future buyer does not wish to continue the use. Following
this discussion, Mr. Morrison suggested adding wording to Development Standard #1 to limit the
number to eight animal units. Commissioner Kirkmeyer amended her motion to add wording to
Development Standard#1 regarding limiting the number of animals at the site to eight animal units.
Commissioner Baxter agreed to the amended motion, and it carried unanimously.
This Certification was approved on the 17th day of February, 1999.
APPROVED:
"1 PI -._` MG%2 BOARD OF COUNTY COMMISSIONERS
r. W LD COUNTY, CO ORADO
rit' CI r to th Board
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Vs ift)^ D K. Hall, Chair
UP (066
lPu rk to the Board ( / 4 IL- / 2 /t.EC \_____-
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Barbara J. Kirkmeyer, ro-Tem
TAPE #99-05
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George xter
DOCKET#99-07 7'/ /�
M. J. Geile
Glenn Val-
990283
PL1286
ATTENDANCE RECORD
Hearings Are as Follows on This 10th Day of February, 1999:
DOCKET#99-07 - CATTLEMAN'S CHOICE LOOMIX, LLC
DOCKET#99-08 -ANDESITE ROCK COMPANY
PLEASE legibly write or print your name and complete address and the DOCKET
# (as listed above) or the name of the applicant of the hearing you are attending.
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EXHIBIT INVENTORY CONTROL SHEET
Case t/S2 1717 /0 ( r.,nadt/2: (Jticai 16-75-mix /7 C
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes)
D. Clerk to the Board Notice of Hearing
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