Monday, February 20, 2014

Larimer County Courthouse Lake Estes Conference Room (Suite 333)


Rural Land Use Board:



Brenda Gimeson

Suzanne Bassinger

Kristin Grazier

Pam Stringer

Debra Herston


Ryan Hostetler


Kara Lamb


Bill Spencer





Alan Carlson






Approval of the February 3, 214 RLUAB Minutes.  Member Spencer moved to amend the last sentence on page 2 to read “The residual land management plan must be reviewed and approved by the RLUC Director prior to final plat approval.  The management plan must address the management of the property and include a section on livestock management, including horses.” Vice-Chair Herston seconded the amendment.  All were in favor of the amendment.  Member Hostetler made a motion to approve the minutes with the amendment.  Vice-Chair Herston seconded the motion.  All were in favor.  Minutes adopted with changes as outlined.


Chairman Grazier asked the Board members if they were comfortable with skipping over the review of the project, since we are all familiar with it, and move right into public comment, concerns and discussion.  All Board members agreed.


2.   Willowbrook Ranch RLUP – Action Item

Brenda gave an overview of the Willowbrook Ranch RLUP project, which included a slide presentation.  The project is located northeast of LaPorte and northwest of Fort Collins off County Road 19 and County Road 56 at Curtis Lake Lane.  Currently, this property is part of Boettcher Farms, which was previously owned by Holcim Cement Plant and consists of nine 35 acre parcels.  This project also has preliminary approval for a 31 lot Conservation Development, called Lake at Big Horn Conservation Development, File #08-S2776.  The RLUP will take the place of the approved Conservation Development.  The applicant, Steve Sivon, is proposing to divide 317.45 acres of land into eighteen (18) single-family residential lots on about 105 acres and two (2) residual lots consisting of about 212 acres, in the O-Open and RE-Rural Estate zoning districts.  This zoning allows one unit per 10 acres in the subdivision process.  The smallest residual lot may be used for a community outdoor riding arena and community stables.  No single-family dwelling is proposed for the larger residual lot but this lot will contain a building envelope around the existing barn and corral structures and a small building envelope near Curtis Lake for a future pavilion to be utilized by the residents.  A trail system for the residents is also included.  Dry grazing will continue on the two residual lots.  The best soils for septic systems are located in the northeast corner of the site.  Some wildlife habitat areas and wetlands exist adjacent to Curtis Lake.  Fire protection will be provided by Poudre Fire Authority, water service will be provided by Northern Colorado Water and sewer by on-site septic.  Access will be taken off Curtis Lane for 3 of the lots and County Road 19 for a new looped road.  Applicants are proposing all roads to be private.  The residual land will be protected from any further development in perpetuity by an approved conservation mechanism, as required under the RLUP.  A site visit was conducted prior to the February 3, 2014 RLUAB meeting.  The community meeting was held on February 10, 2014.  This property is located in the LaPorte Area Plan and was reviewed by the LaPorte Area Planning Advisory Committee (LAPAC) on February 18, 2014.


Referral Agencies:

The following referral agencies commented on the proposal:  Engineering Department, Health Department, Northern Colorado Water District, Poudre Fire Authority, Parks & Wildlife, Water Supply & Storage, Addressing and LaPorte Area Advisory Committee.


A summary of the comments and concerns received are as follows:


Community Comments and Concerns:

–  Drainage into wetlands caused by additional roads, homes & chemicals from the additional homes

–  Lack of detail regarding covenants and the size of homes allowed, number of outbuildings allowed, types of animals allowed, exterior storage, home businesses, etc.

–  Uses and ownership of residual land and if it gets tied to the HOA

–  Fencing of animals on the residual land

–  Wildlife disturbance and recreational rights to lake

–  Additional traffic on County Road 19


LaPorte Area Planning Advisory Committee

Generally concerned about larger development in rural area – but is consistent with area plan.  Made recommendation for approval with following requests:

–  County include in MS4 Boundaries and include project meet those requirements

–  Max 1 horse per acre

–  Would like to see stray lighting disallowed pass property line and only down lighting allowed.


Covenant Concerns

–  Applicant committed to the following restrictions in covenants even though the RLUP does not require covenants

ü  Ranch style homes minimum size 1750 sq ft.  No maximum

ü  2 story home minimum 2300 sq ft.  No maximum

ü  Number of horses – maximum 4 per lot,  except the Residual Lot

ü  Outbuildings – maximum 2 with a total sq footage of 3400 sq. ft. combined

ü  Exterior storage – RV’s/Trailers have to be within building or screened


Technical Issues:

      Engineering Department Requirements:

  • Prefer the roads be dedicated to the public, including Curtis Lake Lane
  • Competent evidence of the legal right to use Curtis Lake Lane
  • Access spacing meeting the requirements for that section of road
  • Drainage paths and basins for historic flows need to be preserved
  • Traffic numbers and warrants for auxiliary turn lanes


Heath Department Requirements:

·  Lots are located on most suitable site for septic systems

·  Public water being provided satisfies any concern regarding water

·  Due to size of lots and placement with suitable soils, confident groundwater quality is protected and maintained


Water Supply & Storage Requirements:

·  Want assurance that the pre-existing easements for access and maintenance of Curtis Lake will be shown on the plat.

·  Want assurance that easements for spillway and outlet are shown on the plat

·  Want assurance the boundaries of the property will not include any Water Supply & Storage property


Poudre Fire Authority Requirements:

·  Fire hydrants, approved water storage system or residential fire sprinkler system

·  Fire lane and dedicated emergency access easement with visible signage

·  Approval of security gates if allowed in development


Parks & Wildlife Requirements:

·  Replied they had no wildlife related comments


Other issues/and concerns Requirements:

·  Split zoning of the residential lots

·  Approval of two projects for the same property


Staff’s Recommendations:


Approval of the Willowbrook Ranch RLUP with the standard conditions that require compliance with RLUP standards, as well as additional conditions as follows:


  • Require engineer report and drainage plan before final approval that could address both stormwater quantity and quality.
  • Require dedication of right-of-way along existing County Road only unless another recommendation is made by this board.
  • Require legal evidence of access to Curtis Lake Lane before final plat approval.
  • Require access spacing requirements be met.
  • Require applicant to verify and provide easements for existing Water Supply and Storage facilities on final plat.
  • Require applicants to apply for and be approved to rezone any residential lots with split zoning to RE-Rural Estate prior to final plat approval with effective date only upon execution of the final plat.
  • Terminate the conservation development approval at final plat approval with requirement for revocation document to be prepared and recorded.
  • Require construction of any single-family residence in this development include fire sprinklers unless written permission for a variance from Poudre Fire Authority be received.
  • No recommended condition on the private trail.
  • No recommended condition of approval for recreational rights.
  • No recommended condition of the disturbance of wildlife.
  • No recommended condition of approval for fencing.
  • No recommended condition of approval requiring traffic memo.  This development is less dense than approved subdivision which required no turn lanes.  RLUP’s generally do not require off-site improvements—RLUP requirements are those necessary for health, safety, and welfare and those required for 35’s only.
  • No recommended condition of approval regarding covenants.  The County does not enforce HOA covenants and is not a requirement of the RLUP. 
  • No recommended condition of approval for residual lot ownership.  This will work like any other RLUP where lots can be sold separately with restrictions in place.


Member Spencer made a Motion to discuss the conditions of approval.  Secretary Lamb Seconded Motion.


Brenda requested clarification on the motion.   Chairman Grazier offered the amendment to approve and then discussion. 


Member Spencer amended his first motion to approve the conditions with discussion after.  Secretary Lamb Seconded the amended Motion.


Discussion from the Board:


Chairman Grazier questioned where the detention pond would be located?  Brenda stated that State and County Stormwater drainage management regulations apply to the proposal along with Section 5.8 of the Land Use Code.  The applicant will have to hire a private engineer for a stormwater plan to determine how and where the property will drain and if it will increase the drainage beyond the historic flows.  If drainage is increased, the engineer will need to determine if a detention pond is needed and the location of such pond and how it fits with in the design.  Also, Brenda stated that an adjacent property owner is also concerned about the quality of the water this land division may create and the possibility of it polluting the wetlands and draining onto neighboring properties.  Brenda stated that the Health Department is confident that there will not be any ground water contamination from this cluster; mostly because of the larger lots size that allows for absorption prior to leaving the site.  Member Hostetler stated that the adjacent property owners were quite a distance away from the newly created lots.  Further discussion took place regarding stormwater plans, water quantity and quality, how quality is defined and what if anything should be required for non-source point run-off.  Member Spencer pointed out how this proposal is more appealing than the 35-acre tracts.


Member Bassinger mentioned she is concerned on limiting the number of animals per acre on the residual lots.  Member Spencer stated he is concerned about how to define the number of animals.  The choice should be determined by the season and the condition of land.  Vice-Chair Herston is concerned with not limiting the number of animals per acre, questioned who would be responsible for the management plan and will they need to register with the County?  Brenda stated whoever owns the property is responsible for maintenance of the property.  If the property is not maintained, the County does reserve the right to clean up the property and then put a lien on the property for the expense.  The County Assessor’s office maintains this information.  The RLUP cannot control who owns the residual land.


Member Bassinger stated she has a concern with private roads and would prefer the roads be dedicated public.  Secretary Lamb and Member Spencer agreed.


Secretary Lamb questioned not seeing a condition regarding the trail.  Brenda stated the trail is an amenity to the homeowners and the developer is not required to have a trail.  If a trail is placed on the property, it would be a private trail and not open to the public.


Chairman Grazier asked for Brenda to restate all proposed conditions. Brenda restated them for the Board.




Motion by Member Spencer to approve the Willowbrook Ranch RLUP with the standard conditions that require compliance with RLUP standards as well as the additional conditions as follows.  Secretary Lamb seconded the motion.


  • Require an engineering report on stormwater management and drainage plan before final approval that would address stormwater quantity and investigates the need for best management practices to control non-source point run-off.
  • Require a residual land management plan that addresses the management of the property and include a section on livestock management, including horses.
  • Require roads be publicly dedicated.



Roll Call Vote:


Suzanne Bassinger


Kristin Grazier


Debra Herston


Ryan Hostetler


Kara Lamb


Bill Spencer


Alan Carlson




Motion carried unanimously.


Member Spencer, Vice-Chair Herston, Secretary Lamb and Chairman Grazier praised Brenda for her presentation on Willowbrook Ranch RLUP and how she handled the Community Meeting.


Brenda thanked the members.


3.   Discussion regarding a site visit to Silver Reef RLUP.  It was determined that each Member will do a site visit on their own and the possibility that an introduction meeting may not be needed as the Board feels they have adequate information to proceed after receiving referral notes in the mail.


Member Hostetler made a motion to adjoin.  All were in favor.


Meeting adjourned at 9:30 a.m.


      _______________________                  _____________________________                 Vice – Chair Debra Herston                                         Secretary- Kara Lamb