Monday, June 2, 2014

Larimer County Courthouse Lake Estes Conference Room (Suite 333)


Rural Land Use Board :



Brenda Gimeson

Alan Carlson

Terry Gilbert

Kristin Grazier

Pam Stringer

Debra Herston


Ryan Hostetler


Bill Spencer




Kara Lamb







Chair Grazier called the meeting to order at 5:08 p.m.


1.   Approval of the May 5, 2014 minutes.  Vice-Chair Herston made a motion to approve the minutes from the May 5, 2014 meeting with one spelling correction of the word “Resource” addressed at the meeting.  Member Spencer seconded.  All were in favor.  Motion passed


2.   Silver Reef RLUP - Action Item

Brenda gave an overview of the Silver Reef RLUP project, which included a slide presentation.  The project is located northwest of the Town of Wellington at the Northwest corner of County Roads 17 and 72.  The applicant is requesting to divide 80 +/- acres into 2 new single-family residential lots, approximately 5 acres in size, and 1 Residual Lot, approximately 65 to 70 +/- acres in size, with a building envelope for agricultural support buildings only.  With the limited number of home sites, this project is considered an administrative project.  No Community meeting is needed and the referrals are limited.  The number of lots requested are consistent with the number of lots they would receive if split into 35-acre parcels.  Owners would like smaller lots and that is why they chose the Rural Land Use process.  Access for the new lots will be taken from County Road 17.  The zoning district for this property is O-Open which allows one unit per 10 acres by zoning.  There is a Class 2 defined wetland area off County Road 72, west of the intersection with County Road 17.  Water will be provided by Northern Colorado Water for the southern lot and the northern lot will have an on-site well.  Sewer for both lots will be provided by on-site septic systems and fire protection will be provided by Wellington Fire.  Pivot irrigation will continue on the residual lot.  The surrounding area includes an RLUP that was never finished, because of water, and 35 acre or larger parcels, with a few subdivisions and exemptions.  The Residual Lot will be protected from further development for a minimum of 40 years. 


Referral Agencies:

The project was referred to the following agencies:  Engineering Department, Health Department, Northern Colorado Water Association and Wellington Fire.  A summary of the comments and concerns received are as follows:




Community Concerns:

–  No community meeting was required for this project.  Community comments will be taken at the public hearing before the Board of Commissioners.


Technical Issues:

      Engineering Department Comments:

•  County Road 72 is a minor collector and requires additional right-of-way.

Ø  Recommending condition of approval that requires requested right-of-way.

•  Access spacing requirements will need to be met and access permit required.

Ø  Recommending condition of approval that they must be met.

•  Drainage requirements will need to be met.

Ø  RLUP standards will apply


Heath Department Comments:

•  Soils are constrained due to slow perc rates and may require engineered designed systems.

•  Public water being provided satisfies any concern regarding water on southern lot.

•  Acreage on north lot sufficient for well and septic

•  Requesting condition of approval to have lots 2 and 3 include a minimum of three acres each and outside of the wetland area.

Ø  Since applicant is reducing number of lots in this area, it should not be a problem to have the required amount of acreage.

Ø  Recommending condition of approval that requires 3 acres of upland area outside of wetland.


Wellington Fire Comments:

  • No comments provided
  • Does not currently have an adopted Fire Code
  • RLUP regulations do not specifically address fire requirements.  

v  RLUP road standards include requirements for turnarounds at dead-end roads only

  • Development Standards in Land Use Code do not apply to RLUP projects
  • Could require automatic fire protection sprinklers for new residential structures or written permission for variance from the requirement from fire district.


  • Could require applicant to work directly with the fire district to make fire plan before final approval and then make disclosure notes regarding the plan. 
  • Make note that no fire protection being provided except what can be provided by Wellington Fire
  • Make condition that applicant work with Wellington Fire to make a fire protection plan and submit at final plat.


Staff’s Recommendation:


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


  • Require all the standard conditions that require compliance with RLUP standards
  • Require additional right-of-way along existing County Road
  • Require access spacing requirements be met and access permit.
  • Recommending condition of approval that requires 3 acres of wetland area outside of wetland.
  • Would like the RLUAB to make a recommendation regarding the fire protection.


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




Member Carlson asked if there is an existing rule or interpretation regarding “automatic fire protection approval? Brenda stated no.  Member Carlson then stated he does not feel comfortable requiring fire sprinklers if the fire department may not require it.  Member Spencer concurred with Member Carlson.


Vice-Chair Herston asked if they will run the pivot all the way around?  Brenda stated yes they are still planning to farm the residual lot including pivot irrigation. 




Motion by Member Spencer to approve the Silver Reef RLUP with the standard conditions that require compliance with RLUP standards as well as the additional conditions as follows.  Vice-Chair seconded the motion.


o   Require additional right-of-way and access permitting.

o   Require applicant to work directly with the Wellington Fire District to come up with fire plan before final approval.


Roll Call Vote:


Alan Carlson


Debra Herston


Ryan Hostetler


Kara Lamb


Bill Spencer


Kristin Grazier





Motion carried unanimously.


2.   Project Updates:  Brenda gave an update regarding

·  Willowbrook Ranch RLUP is getting ready to submit final plat

·  May have a new project that will be submitting soon.  If so, the next meeting will have an introduction item.  No quorum will be needed.  However, since it does potentially have some issues, Brenda requested a site visit with the RLUAB.  Brenda gave several options to the board regarding when a site visit could take place… start the site visit before the next meeting or have the meeting and then go out to the site visit or have the meeting at the site.  The Board decided to do the introduction and the site visit while visiting the site.  The details will be worked out when the project is actually submitted.  Member Carlson mentioned he would not be able to attend the July 7th meeting.  At this meeting the board formally canceled the June 16th, 2014 meeting, due to scheduling conflicts. 


3.   Other Business:  At the May 5, 2014 meeting, the request was to make a recommendation to the County Commissioners to change the by-laws to reduce the size of the Rural Land Use Advisory Board to seven members instead of nine.  After more research Brenda stated the number of members allowed is not located in the by-laws but located in the Rural Land Use Code, so a Land Use Code Amendment will have to take place.  We are hoping to have Chair Grazier attend a work session to discuss with the Commissioners the reason why we are requesting this amendment to the number of members. 


Member Hostetler moved to adjourn.


Meeting adjourned at 6:00 p.m.


_______________________                     ____________________________  

      Chair-Kristin Grazier                                Vice Chair Debra Herston