MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, FEBRUARY 10, 2020

 

 LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m., with Don Threewitt, Planning Manager. Chair Johnson presided, Commissioner Donnelly and Commissioner Kefalas were present. Also present were: Jenn Cram, Kathy Eastley, Rob Helmick, Tracy Hicks, and Michael Whitley, Community Development Department; Katie Gray, Engineering Department; Lea Schneider, Health Department; Jeannine Haag and Frank Haug, County Attorney’s Office; and Kayleigh Ogden, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance.

 

Chair Johnson noted that the following item had been tabled from February 3, 2020:

 

1.          ROCK RIDGE RANCH RURAL LAND PLAN, FILE #19-LAND3932

 

Chair Johnson noted that the following items were on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience:

 

2.         CRYSTAL LAKES 14TH, LOTS 3 AND 4 LOT CONSOLIDATION, FILE #19-LAND3957: The applicants seek to combine two lots within the Crystal Lakes 14th Filing to create one 3.44-acre lot. The 14th Filing plat contains utility easements along the property lines, and the applicant requests that the 20-foot utility easement, 10-feet on each side of the common lot line between Lots 3 and 4 be vacated.’

 

The Larimer County Land Use Code (Section 5.7.3) allows for the approval of a lot consolidation if the following review criteria are met:

 

A.        No additional lots will be created by the amended plat.

 

The intent is to consolidate the area of the two lots; therefore, no new lots will be created by the lot consolidation.

B.         The resultant lots will meet the required minimum lot size of the applicable zoning district and the lot dimension ratio required by subsection 8.14.1.H. If any of the lots are nonconforming with respect to the minimum lot size or the lot dimension ratio, the amended plat must not increase the nonconformity.

 

The E – Estate Zone District requires a minimum lot size of 2-acres if the lots are served by well and septic, as is the case with these properties. The consolidated lot will meet the minimum lot size as well as the lot dimension ratio.

 

C.         The lot consolidation will not create a nonconforming setback for any existing building.

 

  There is an existing home on Lot 4. The application will not create a nonconforming setback for existing buildings on the property.

 

D.        The resultant lots will meet the requirements of subsection 8.14.1.I. Lots cannot be divided by a municipal or county boundary line, road, alley, or another lot.

 

The lot will not be divided by a municipal or county boundary line, road, alley, or another lot.

 

E.        The lot consolidation will not adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area.

 

There will be no adverse impact to access, drainage or utility easements or rights-of-way. The applicant has requested that the 20-foot utility easement be vacated along the common lot line. The utility providers have responded that there are no issues with the vacation.

 

F.         Any covenants, deed restrictions or other conditions of approval that apply to the original lots must also apply to the resultant lots and be noted on the final plat, except those changes to a condition or note on a plat that are approved with this application. The county commissioners shall consider the original reason or circumstance for a condition or note on a plat when approving a change.

 

            A condition of approval is recommended that states that any existing covenant, deed restriction or other conditions of approval that apply to the original lots also applies to the consolidated lots

 

The Larimer County Land Use Code (Section 5.9.3) allows for the approval of a Right-of-Way or Easement Vacation if the following review criteria are met:

 

A.        Approval of the vacation request will not leave any land adjoining the right-of-way without an established public road or private access easement connecting the land with another established public road, or without utility or drainage services.

 

No right-of-way is requested to be vacated and no land will be affected or be without utility or drainage services.

 

B.         The recommendations of referral agencies have been considered.

 

All referral agency comments have been considered and are further discussed below. All utility providers have signed off on the request to vacate the easement.

 

C.         Any right-of-way that is vacated will be divided equally between the lots on each side, unless it can be demonstrated that all of the right-of-way was originally taken from one parcel. In that case, the right-of-way will be returned to that parcel. Property owners on each side of the right-of-way may agree to divide the vacated right-of-way differently but must sign deeds to transfer ownership after the county commissioners approve the vacation.

 

            Not applicable.

 

Staff supports the request as the proposed lot consolidation and easement vacation meet the criteria in the Land Use Code, and all issues have been resolved.

 

The Development Services Team recommends Approval of the Lot Consolidation and Easement Vacation, subject to the following condition:

 

(1)        The resultant lot is subject to any and all covenants, deed restrictions, or other conditions that apply to the original lots.

 

3.         WHISLER APPEAL, FILE #20-GNRL0476: This is a request to Appeal a plat condition on the Nedrah Acres Subdivision in order to allow a rear addition to an existing residence to be located 12'-8" from the side setback where 15' is required.

 

Initially, the Whisler’s contacted Larimer County’s Building Department for a building permit request to construct a rear addition to their existing residence. Through review, it was found that the proposed rear addition would not meet side setbacks per the Nedrah Acres, 3rd Filing plat condition. The Building Location #4 plat condition states: “no dwelling shall be located less than 30 feet from the front property line, nearer than 15 feet from an interior or side property line, or nearer than 30 feet from a side street line on corner lots.” According to the County Attorney, the Whisler’s must appeal the plat condition in order for the rear addition to be located closer than what is required.

 

The Whisler property is located at 1810 Dayton Drive in Fort Collins, CO (Lot 4 of Nedrah Acres, 3rd Filing). The existing 1,954 square foot residence was constructed in 1965 and was later remodeled in 1996. The property is oriented at an angled position that responds to the curvature of Dayton Drive. The property is zoned R-Residential and is surrounded by single and multiple family residential uses.

 

The Whislers are requesting a 12’-8” side setback variance, where a 15’ side setback is required per a plat condition of the Nedrah Acres Subdivision Plat. This setback will allow for the construction of a rear addition to the existing single-family home. The rear addition’s use will be for a new master suite. The two primary goals of this addition are: to create separation from the kids’ bedrooms, and to construct the addition with minimal disturbance to the existing residence.

APPEAL TO DEVIATE FROM THE STANDARDS OR REQUIREMENTS:

 

When considering whether to approve an appeal to deviate from standards or requirements of this Code, other than minimum lot size requirements, the County Commissioners may grant the appeal subject to safeguards and conditions consistent with their findings concerning the following factors. The County Commissioners will consider each of the following factors and make findings pertaining to each one which, in their discretion, applies to the appeal:

 

A.        Approval of the appeal will not subvert the purpose of the standard or requirement.

 

The purpose of the 15’ plat condition is to create openness, separation, and privacy between residences within the Nedrah Acres Subdivision. The neighboring property located directly to the east of the Whisler Residence is setback 40’ from the shared property line. In addition, the neighboring property also has a driveway leading up to their garage that parallels the shared property line creating clear separation between the two properties. A dense row of shrubs parallels the neighbor’s driveway which creates privacy for both properties. Thus, the purpose of the standard has been met with the requested appeal.

 

Under the Larimer County Land Use Code, the side setback required for the R-Residential zoning district is 7 feet. The proposed addition requests a 12’-8” side setback, where 15’ is required per the Nedrah Acres Subdivision’s plat condition. The requested side appeal in this case is greater than the Larimer County Land Use Code standard but is less than what is required.

 

B.         Approval of the appeal will not be detrimental to the public health, safety or property values in the neighborhood.

 

The applicant has provided two signed letters of support from the rear adjacent neighbor at Lot 1, Nedrah Acres 3rd Filing and the front adjacent neighbor at Lot 10, Nedrah Acres, 2nd Filing. Responding neighbors do not see substantial adverse impact. There will be no impacts to utility or fire access easements.

 

C.         Approval of the appeal is the minimum action necessary.

 

The existing residence is unique in that is positioned at an 11-degree angle relative to the front and east side property line because of the unique curvature originates at the southwest corner of the lot. The proposed appeal is the minimum action necessary to allow construction of the rear addition without sacrificing the livability of the addition.

 

D.        Approval of the appeal will not result in increased costs to the general public.

 

The approval of the appeal will not impede public right-of-way or public spaces. Financial costs of the rear addition will be covered entirely by the Whislers.

 

E.        Approval of the appeal is consistent with the intent and purpose of the Code.

 

The requested Appeal to the plat condition falls outside the parameters of the plat condition but complies and exceeds the Land Use Code setbacks. The requested appeal maintains the general purpose of the standard and therefore, granting the Appeal will not substantially impair the intent and purpose of the Land Use Code and Comprehensive Plan.

 

The Development Services Team recommends the Board of County Commissioners approve the appeal to, Whisler Appeal, File #20-GNRL0476, subject to the following conditions:

 

(1)        Failure to comply with any conditions of the Appeal approval may result in reconsideration of the use and possible revocation of the approval by the Board of County Commissioners.

 

(2)        All future additions or buildings that would be within setbacks as defined in the Land Use Code must go through the proper County review and planning process prior to construction.

 

(3)        The Larimer County Building Department must be provided with a written certification by a Colorado Licensed Land surveyor that the existing building is located where shown on the Larimer County approved Plot Plan for this development.

 

4.         FLOWER POWER BOTANICALS RETAIL MARIJUANA ESTABLISHMENT LICENSES CHANGE OF OWNERSHIP, FILE #14-G0259: This is for the approval of a Change of Ownership for a Retail Marijuana Store License and a Retail Marijuana Cultivation Facility License.

 

Flower Power Botanicals was issued a Retail Marijuana Store License and a Retail Marijuana Cultivation License in 2014 to operate at 1308 & 1310 Duff Drive. These are two units, totaling 5,040 square feet, are within a multi-tenant building located north of Duff Drive approximately 750 feet northwest of the intersection of Link Lane and Duff Drive. The licenses have been renewed each subsequent year

 

The site is 1.89 acres and the existing building has a footprint of 29,520 square feet. The property is zoned I - Industrial, is within the Fort Collins Growth Management Area and within the East Mulberry Corridor Plan area.

 

Flower Power Botanicals, LLC was formed in 2009 and Peter Verchick has been the sole owner of the LLC since its formation.

 

Section 14-209.c of the Larimer County Code reads, “Any proposed transfer of membership interest or any change in members of any limited liability company holding a License shall be reported to the Administrator and approved by the Board prior to such transfer or change.”

 

Mr. Verchick has contracted to sell to sell Flower Power Botanicals, LLC to SB FOCO, LLC which is owned and managed by Ernest Craumer. The agreement provides that Peter Verchick will transfer 100% of the membership interest in Flower Power Botanicals, LLC to SB FOCO, LLC. Closing of the transaction is expressly contingent upon securing the approval of Larimer County.

 

No changes to the location, physical composition, or structure of the facility are proposed.

 

Flower Power Botanicals received Special Review approval from the Board of County Commissioners on November 15, 2010 to operate a Medical Marijuana Dispensary & a Medical Marijuana Grow Operation within the two tenant spaces at 1308 & 1310 Duff Drive. The Special Review approval is independent of the retail marijuana licenses and are not affected by the change in ownership of Flower Power Botanicals.

 

In determining whether to approve or deny an application for a retail marijuana establishment the following criteria shall be considered as applicable:

 

A.        The fitness to conduct the retail marijuana establishment and the character and reputation of the applicant, including the officers, directors and managers. In investigating the fitness, character and reputation, the board may consider:

 

(1)        The applicant's criminal history. In considering the criminal history, the board shall have access to criminal history record information furnished by a criminal justice agency subject to any restrictions imposed by such agency. In taking into consideration information concerning the criminal history record, the board shall also consider:

 

a.         Whether the applicant has knowingly submitted false applications, made willful misrepresentations and/or knowingly committed fraudulent acts.

 

b.         Whether the applicant has had previous medical or retail marijuana establishment licenses or alcohol beverage licenses denied, or revoked as a result of violation of law, resulting in a finding of bad moral character by any licensing authority.

 

c.         Whether the applicant has been found to be currently delinquent in the payment of any state or local taxes, and record of such tax delinquency has been filed in a court having jurisdiction or has been made a public record by some other lawful means.

 

d.         Whether the applicant has an established pattern of multiple statutory violations which resulted in the revocation or denial of any other professional license, leading to the finding of bad moral character by any licensing authority.

 

i.          When making a determination as to the fitness, character and reputation of the applicant, the board shall consider any information provided by the applicant, including, but not limited to, evidence of no criminal record, rehabilitation, character references, and educational achievements, financial solvency, community standing, lack of additional arrests or convictions, or the lack of parole or probation violations, especially those items pertaining to the period of time between the applicant's last criminal conviction and the consideration of the application for a license.

 

Ernest Craumer currently manages three Retail Marijuana Stores - 920104, LLC doing business as Callies in Northglenn, Adams County, LM MJC, LLC, doing business as Starbuds Longmont in Longmont, Adams County, and Starbuds Niwot, LLC, doing business as Starbuds in Niwot, Boulder County.

 

According to the information provided by Mr. Craumer’s attorney, Mr. Craumer’s marijuana businesses have a record of compliance with no violations of state or local laws, including underage sales, and no tax delinquencies.

 

The Colorado Department of Revenue Marijuana Enforcement Division completes criminal history record checks on retail marijuana owners and managers prior to issuing State store or employee licenses.

 

Nothing in the checks prevented the State of Colorado from issuing and then renewing the applicant’s State Marijuana Employee License or Retail Marijuana Store licenses.

 

Based on the available information, the Development Services Team Finds that this applicant meets the criteria set forth in Section 14-212 of the Larimer County Code.

 

The Development Services Team recommends approval of the change of ownership of the Flower Power Botanicals Retail Marijuana Store License and Flower Power Botanicals Retail Marijuana Cultivation Facility License.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioner approve the land use consent items for Monday, February 10, 2020, and further moved to approve the Findings and Resolution for the items on the consent agenda and authorization for the chairman to sign.

 

Motion carried 3-0

 

1.          ROCK RIDGE RANCH RURAL LAND PLAN, FILE #19-LAND3932: The Rock Ridge Ranch Rural Land Plan (RLP) proposal is for the division of approximately 107.4-acres of land into four residential lots and one residual lot.  The residential lots will range in size from 3.1-9.3-acres.  There will be one residual lot approximately 86.4-acres in size.  34-acres of the Residual Lot will be protected by a covenant for a minimum of 40 years, as required under the RLUP, the 52-acre balance of the residual lot is currently protected with a conservation easement.  The proposed density of the Rock Ridge Ranch RLP, with one unit per 26.5-acres, appears to be compatible with the neighborhood.  The entire property ownership is proposed for development at this time. 

 

The Rock Ridge Ranch RLP is located on the north side of Highway 34, west of the City of Loveland almost to the mouth of the Big Thompson Canyon.

 

The property is zoned FA1-Farming and was part of a larger ranch.  The owner of the residual lot will be responsible for maintaining the residual land and for providing a periodic monitoring report(s) to the County.

 

The surrounding properties consist of open space, residential and agricultural uses. The surrounding properties are a variety of sizes with parcels ranging in size from 20-35 plus acres are directly to the south. The Ellis Ranch RLP and Ellis Ranch Events Center are north. Residential lots to the east ranging in size from 2.29-acres to 35-acres. There are also several other approved land divisions in the vicinity including exemptions and MRD’s as well as small subdivisions and a conservation development.  

 

This property is currently accessed from County Road 29 and Ellis Ranch Road and those accesses will be retained or established.  Additional right-of-way for County Road 29 will be dedicated with the final plat.  

 

Located near the mouth of the Big Thompson Canyon the area of the proposed 9.3-acre lot was used by Kiewit Construction as the staging and operations area for their construction activities.  Prior to Kiewit departing the site the owner requested to retain some of the improvements made by Kiewit.  Those included: fencing, driveway, paved pads on site and a part of the area with road base.  Understanding that this application was in process and that the improvements did not require permits the applicant was allowed to retain them. 

 

The existing residence and farm improvements are currently served by a well and on-lot septic.  Domestic water for the new lots will be provided by the existing well as well as new wells.  All of the lots will utilize on-lot septic systems.  Electricity will be provided by Poudre Valley REA, and gas will be through propane.

 

The applicant’s original proposal was for up to six lots based a calculation dependent upon the 107-acres.  Unfortunately, that discussion and design did not recognize the existence or impact of the exiting conservation easements on 52-acres of the property.  When the 52-acres is removed from the calculation the balance only yields three lots based one lot per 17.5-acres.  Because of the prior confusion and the desire to create retirement income; the applicant has requested a total of four lots or one more that currently allowed based on the reduced development area due to the previously preserved property.  Additionally, the RLUP would allow wells to be used.  To develop additional density a Conservation Development which would require public water which is available, but costly to extend to the site.  This cost would require the applicant to request up to the maximum density of 12 lots to recoup the costs.  That is not her desire nor is that pattern conducive to the “gateway character “of this site.  Section 5.8.6.A.3 of the Larimer County Land Use Code provides for the allowance of “bonus” units as long as the density does not exceed one per 17.5-acres in this case the density across the entire property is one per 26.5-acres.  The staff supports as did the Rural Land Use Board the allowance of the one bonus unit proposed here. 

 

This application has been reviewed under criteria set forth in the Larimer County Land Use Code. Except as expressly modified by the approved conditions for this project, this development must comply with Section 5.8—Rural Land Use Process, the Road Naming and Site Addressing System Resolution, Section 8.8—Irrigation Facilities, Section 8.10—Management/Use Plans, and Section 4 – Zoning.

 

The referral agencies have responded, and fees will be collected at the time of final plat and building permit issuance as applicable to meet the requirements in Section 9.0—Land Dedications, Fees-in-Lieu of Dedications, Facility Fees and Capital Expansion Fees.  The fees that will be collected on this project are park fees, school fees, drainage fees, and Transportation Capital Expansion fees.  Other fees that will be collected are Rural Land Use Process fees in effect at the time of building permit issuance.

 

Two area of concerns or issues surfaced during the review process for this project.  The status of the area of the property used by Kiewit and the use of Ellis Ranch Road a, a publicly dedicated road. 

 

The project was referred to 15 referral agencies and comments were received from 12 of those agencies.  Comments were not received from Colorado Parks and Wildlife. Below are the findings submitted by the other agencies:

 

Larimer County Engineering Department

·   Requesting a 40-foot half right-of-way along County Road 29.

o   A condition of approval has been included for right-of-way dedication.

·   Drainage paths & historic flows identified and preserved and building envelopes sited so they do not interfere with existing drainage patterns.

o   RLUP standards require site drainage review.  A condition of approval is for a drainage report to address these issues at the time of final plat.

·   Access permits required for the new accesses and any existing access points that have a change in use, to a county road.

o   A standard condition of approval is included for an access permit.

 

Larimer County Health Department

·   On-site wastewater treatment systems (OWTS).

o   If public sewer is not available, the OWTS would be allowed as each new residential lot is over 3 acres in size.

o   Requires septic permit before building permit issuance.  No condition of approval proposed as this is a standard building permit requirement. 

·   Water to be obtained from wells. 

o   Recommends water quality testing for all wells.

·   Rural Area issues and Horse Pasture Management comments. 

o   Standard disclosure notes included that discuss rural area issues and horse pasture management on small lots.

o   Dust control for unpaved roads.

 

Division of Water Resources

·   Existing and new wells will need to comply with the cluster subdivision laws

·   Little Thompson Water District will need to acknowledge that they do not oppose wells in the development.

 

Colorado Geological Survey

·   There are no geologic or geotechnical constraints that would preclude the residential use and density.

·   Potential development constraints that will need to be addressed through a site-specific subsurface investigation include:

o   Shallow groundwater

o   Expansive and compressible soils and expansive bedrock

o   Septic system/OWTS feasibility

·   A condition of approval is included to address site specific soils investigations for habitable structures.

 

Loveland Fire Rescue Authority (LFRA)

·   LFRA has an adopted Fire Code and is requesting:

o   Proximity to fire hydrants or residential fire sprinklers.

o   Fire access for all residences be designed.

o   Fire lane and dedicated emergency access easement with visible signage.

o   Approval of security gates if allowed in development.

·   RLUP regulations do not specifically address fire requirements.

o   RLUP road standards apply and include requirements for turnarounds and turnouts for dead-end roads.

o   Condition of approval requiring automatic fire protection sprinklers for new residential structures or written permission for a variance from the requirement from the fire district.

o   This allows the applicant to work directly with the fire district to make other fire plan, if desired but assures some fire protection to the new residents.

 

Poudre Valley REA

·   No Comments

 

Open Lands

·   Prefers a permanent conservation restriction rather than the proposed 40 years.

·   As a “gateway’ property prefers the proposal over higher density Conservation Development.

 

A neighborhood meeting was held, and 15 community members attended.  The primary concerns discussed were related to impact on Ellis Ranch Road, development impacts in general, lighting and light impact and setback/spacing as well as uses on the lots.  The Kiewit Use and reclamation was also discussed at the meeting.

 

Staff has found this proposal is consistent with the policies of Section 5.8—Rural Land Use Process of the Larimer County Land Use Code:

 

Support for the Rock Ridge Ranch Preliminary Rural Land Plan is based on the following:

 

A.   This proposal supports conservation values, including the preservation of approximately 86-acres of residual land with protection from further development for a minimum of 40 years.

 

B.    The plan is generally compatible with the existing neighboring land uses.

 

C.   The proposal supports the continued agricultural uses in the area and preserves the agricultural resource.

 

Support for this proposed plan considers other development options, particularly the greater number of residential units possible under the zoning. The desirability of property that creates development pressure within the area supports the finding that this is an appropriate project. As proposed, this project will also provide long-term benefits to citizens of Larimer County:

 

A.   Protection of existing rural open land.

 

B.    Transportation capital expansion fees received from the project.

 

C.   School and park fees received from the project.

 

D.    Fewer residences than allowed through existing zoning.

 

E.   Ability to provide standards with the design of project, as compared to use-by-right division of property into 35-acre parcels.

 

Rural Land Use Advisory Board Recommendation:

 

This project was also reviewed by the Rural Land Use Advisory Board on Monday, December 2, 2019.  The Board recommended tabling of the project until the December 16, 2019 meeting to allow for the applicant to depict the location of either a lot or building envelop for the fourth unit.  This project was again reviewed by the Rural Land Use Advisory Board on Monday, December 16, 2019.  The Board recommended approval of the project. The following motion was to move approval: To approve the Rock Ridge Ranch RLUP: with the standard conditions that require compliance with RLUP standards. As well as the additional conditions regarding water supply, additional right-of-way, drainage, fire protection, access permitting, and plat notes as outlined by staff in their presentation. Also, approval of the request to allow the 4th unit pursuant to section 5.8.6.A.3 of the Larimer County Land Use Code and further recommend the condition of approval in participation in the road maintenance agreement for Ellis Ranch Lane for those lots which will access off Ellis Ranch Lane and will be included in either a development agreement or a deed restriction on the affected  lots.

 

The Development Review Team recommends that the Board of County Commissioners approve the Rock Ridge Ranch Rural Land Plan, File # 19-LAND3889, subject to the following conditions which must be met prior to approval of final plat by the Board of County Commissioners:

 

A.        The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Rock Ridge Ranch Rural Land Plan (File # 19-LAND3889) 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 Rock Ridge Ranch Rural Land Plan.

 

B.         Individual wells will supply water to this development.  Wells must comply with requirements of the State Engineers letter of October 9, 2019. 

 

C.         All roads and drainage shall be in accordance with Section 5.8.6.D of the Rural Land Use Process.  The drainage review must include information about the effects of the proposal on existing drainage patterns and address concerns about future site grading and/or storage ponds plans that might impact the on-lot septic systems and outlines plans for mitigation of such effects.  Before final approval, all designs must be prepared, stamped, and certified by a qualified professional engineer licensed in the State of Colorado that design standards in 5.8.6.D. were followed.

 

D.        The applicant must obtain an access permit for the new access and any existing access points that have a change in use from the Larimer County Access Coordinator prior to commencing any construction on the project.  The applicant and applicant's engineer must contact the Larimer County Access Coordinator to discuss access design requirements.  The applicant shall comply with all such design requirements. The applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that they meet the access design requirements.

 

E.        The owners shall dedicate a 40-foot half section of right-of-way along Larimer County Road 29.  This dedication shall be shown on the final plat. 

 

F.         Road names and addressing shall meet standards in the “Road Naming and Site Addressing System Resolution”. 

 

G.        If fences and existing trees are currently located in the existing or newly dedicated right-of-way, the applicants shall enter into a binding fence removal agreement with the County which, at the request of the County, shall obligate the owners to remove, at their expense, the existing fences in the dedicated half section of right-of-way.  No new fences, trees or buildings shall be allowed in the right-of-way; however, repair and maintenance of existing fences shall be allowed.  The fence removal agreement shall be reviewed and approved by the County Attorney. 

 

H.        On-site septic systems for each lot will be required to meet the requirements of the Larimer County Health Department for the new lots.

 

I.          Automatic fire protection sprinklers will be required for all new residential structures or another approved fire plan approved by Loveland Fire Rescue Authority or written permission to deviate from this requirement must be provided from the fire district.

 

J.          The residual land management plan must be reviewed and approved by Development Services Team (DST) prior to final plat approval. 

 

K.        The residual land protective covenant and final development agreement must be reviewed and approved by the County Attorney and the DST prior to final plat approval.

 

L.         Restrictive covenants (if any), including provisions for internal road maintenance, small acreage management, architectural guidelines, and other requirements must be reviewed and approved by the DST prior to final plat approval OR at minimum, a Road Maintenance Agreement must be submitted and reviewed and approved by the County Attorney and DST prior to final plat approval. 

 

M.        A Lot Sale Prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements (i.e., legal access and public utilities, including but not limited to roads, water supply and electricity) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred, or conveyed unless and until Developer provides written designation stating the improvements have been completed for the lot proposed to be sold, transferred, or conveyed.  The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots.  Upon receipt of such written designation, County will provide to the Developers a release of the Lot Sale Prohibition for the particular lot(s) for which the improvements have been completed.

 

N.        Little Thompson Water District will need to acknowledge that they do not oppose wells.

 

O.        All lots which will utilize Ellis Ranch Lane will be required to contribute to /participate in the maintenance of the road with the other users of the road. 

 

P.         The following must be listed on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase:

 

(1)        The Rock Ridge Ranch RLUP was approved by Larimer County under the County’s Rural Land Use Process.  This is an abbreviated review process and does not involve the higher scrutiny afforded projects developed under other County land division processes.

 

(2)        Passive radon mitigation measures shall be included in construction of structures designed for habitable space 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.

 

(3)        Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application.

 

(4)        Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes).  The Colorado Parks and Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise.

 

(5)        Many other species of wildlife live in the area; some can be dangerous to humans and pets.  It must be remembered that landowners will be living with wildlife.  Species that may be found in the area are coyotes, mountain lions, bobcats, skunks, badgers, raccoons, deer, elk, hawks, owls and eagles.

 

(6)        During certain times of the year, mosquitoes may present a significant nuisance.  Larimer County does not have a mosquito abatement program.  Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations.

 

(7)        Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property.  At times, these animals are implicated in the transmission of plague to people or their pets.  It is important for residents to observe animal control requirements for dogs and cats.

 

(8)        Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust.  These are a normal part of agriculture and should be expected to occur.  In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime.

 

(9)        If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture.  Overgrazing will produce bare ground, weeds, erosion, and polluted runoff.  Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing, and feeding.

 

(10)      Larimer County has adopted a Right to Farm Resolution.

 

(11)      The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), Drainage Fees, and Rural Land Use Process fees.  The fee amount that is current at time of building permit application shall apply.

 

(12)      Larimer County shall not maintain roads or streets in this development.  Maintenance of the streets shall be the responsibility of the property owners.  Failure to maintain streets may result in a lien being placed on these lots.

 

(13)      The owners of the residual land parcels will be responsible for maintaining the residual land according to the restrictions listed in the management plan and for providing periodic monitoring report(s) to the County.

 

(14)      Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement.  The Developer and Larimer County executed this agreement in consideration of the approval of this Development.  This Agreement was recorded in the Larimer County Clerk and Recorder’s office immediately after the plat.  All purchasers should obtain and read the Development Agreement.

 

Mr. Helmick gave a summary of the Rock Ridge Rural Land Plan and noted that there had been some push back from neighbors. Mr. Helmick discussed well permits and density of the land and stated that the County Departments collectively recommended to approve the proposal contingent on the listed conditions.

 

The Board discussed previous buildings on the land and contracted improvements.

 

Pat Block, owner of the land in question, addressed the Board to give reasoning behind the division plan she decided on. Ms. Block stated that the plan would have the least impact on the land and maintain the visual integrity for people driving to Estes Park.

 

Chair Johnson opened public comment.

 

Eva Karen, neighbor to the property, addressed the Board to state concerns she had with the plan. Ms. Karen recommended that is the plan were to pass, that only three lots be allowed to help maintain the history of the area and water quality. Ms. Karen’s biggest concerns were the low water count and contamination of the water in the area.

 

Bryan Karen, neighbor to the property, addressed the Board with concerns deeper than the property looks. Mr. Karen stated that the formation of four lots instead of three would create infrastructure issues as well as access issues. Mr. Karen also had concerns for the low water quality noting that more housing created higher risk of water contamination, which, in the end, causes quality of life issues.

 

The Board inquired about water sources for the area. Mr. Karen stated that the area runs off wells and some springs.

 

Chair Johnson closed public comment.

 

The Board invited Ms. Block to make addition comments. She clarified that one of the lots is where her house already sits with access and a barn and feedlot lie on a secondary lot. Ms. Block stated that the plan is only adding two lots to what already exists and that it would be less of an impact than would be otherwise. Her goal is to keep the land from being divided further in the future from what the plan entails.

 

The Board inquired about the proximity of a water line and the Loveland Water Treatment Plant. Mr. Helmick stated that the City of Loveland Water Treatment Facility does have a main line but that due to the flooding, it follows the river. Mr. Helmick also stated that the Little Thompson has water service in the area, but it is not very robust and would take significant improvements to increase the pressure and quantity to serve a development.

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the Rock Ridge Ranch Preliminary Rural Land Plan File #19-S3889 subject to the outlined conditions.

 

Motion carried 3-0

 

With there being no further business, the Board adjourned at 3:40 p.m.

TUESDAY, FEBRUARY 11, 2020

 

ADMINISTRATIVE MATTERS MEETING

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Johnson presided. Commissioner Donnelly and Commissioner Kefalas were present. Also present were: Brenda Gimeson and Alisha Jeffers, Commissioners’ Office; and Kayleigh Ogden, Deputy Clerk.

 

1.    PUBLIC COMMENT: Gayla Martinez, Ed Behan, and Hunter Harms addressed the Board.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 3, 2020

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of February 3, 2020.

 

Motion carried 3-0

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 17, 2020:   Ms. Gimeson reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:  

 

02112020A001             MASTER AGREEMENT SOFTWARE AS A SERVICE (P19-24) BY AND BETWEEN LARIMER COUNTY AND UNGERBOECK SYSTEMS INTERNATIONAL, INC.

 

02112020R001             RESOLUTION ACCEPTING MINERAL INTERESTS

 

MISCELLANEOUS: Extension Request for DOLA Grant EIAF 8732 - Probation Expansion at Loveland Police & Courts; Stipulation As To Tax Year 2019 Value For 1303 Frontage Holdings LLC, R1528297; Stipulation As To Tax Year 2019 Value For Apropo Inc, R0528463; Stipulation As To Tax Year 2019 Value For Little Red Ii LLC, R0445924; Recommended Mid-Term Appointment To The Red Feather Lakes Planning Advisory Committee, Roger Svendsen; Recommended Mid-Term Appointment To The Solar Ridge Public Improvement District #21, Christopher Foss; Larimer County Manor Ridge Estates Public Improvement District #67 Advisory Board Bylaws; Establish Certificate Of Designation Review Fee.

 

LIQUOR LICENSES: The Following Liquor licenses were approved: Holiday Twin Drive-In – Fort Collins – New Hotel and Restaurant

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda for February 11, 2020.

 

Motion carried 3-0

 

5.         COMMISSIONERS GUESTS: The Commissioner’s did not have any guests.

 

6.         2019 UNITED WAY FUNDRAISING CAMPAIGN: Linda Hammett, Solid Waste Manager, addressed the Board to acknowledge the efforts of the 23 department coordinators that contributed to the 2019 United Way Campaign Committee. Matthew Behunin, Budget Office; Shelley Bayard de Volo, Engineering; Kim Johnson, Facilities; Denise Ruybal, Community Development; Linda Hammett, Solid Waste; Lisa Wempen, Human Resources; Alisha Jeffers, Commissioner’s Office; and Jessica Ryan, County Attorney’s Office were present to represent their departments.

 

Each year Larimer County employees participate in a fundraising campaign in support of the United Way of Larimer County. During the 2019 campaign, the committee’s efforts resulted in over $42,000 raised for the local non-profit.

 

Campaign coordinators and departments hosted several special events to support the cause. Those events included (but are not limited to): penny wars on the 5th floor of the Courthouse and out at ASD, Jeff Green's guessing game with the candy jar, 50/50 drawings, ice cream sundae sale, and of course, the annual Chili cook-off and Halloween costume contest.

 

Each department representative present gave a summary of the events they and their department were involved in and how well the events went this past year.

 

Ms. Hoffmann commended the group on their preemptive focus on plans to move forward for future events.

 

The Board acknowledged the amazing work the group was responsible for and the work County employees do inside and outside of the office to go above and beyond for the community.

 

The Board took a brief recess.

 

7.          COUNTY MANAGER UPDATE:  Ms. Hoffmann updated the Board on this week’s coordination meetings and upcoming projects and activities.

 

8.         COMMISSIONER ACTIVITY REPORTS: The Board detailed their attendance at events during the previous week.

 

13.        EXECUTIVE SESSION: The Board went into Executive Session to discuss A Draft Compliance Order on Consent for the Larimer County Landfill pursuant to C.R.S. 24-6-402(4)(B).

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners move into Executive Session regarding a Draft Compliance Order on Consent for the Larimer County Landfill pursuant to C.R.S. 24-6-402(4)(B), which states conference with an attorney for the purpose of receiving legal advice on specific legal questions.

 

Motion carried 3-0

 

With no further business the Board adjourned at 10:35 a.m.

 

 

 

 

 

____________________________________

STEVE JOHNSON

BOARD OF COUNTY COMMISSIONERS

BOARD OF COMMISSIONERS

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

__________________________________________

Kayleigh Ogden, Deputy Clerk