LARIMER COUNTY RURAL LAND USE ADVISORY BOARD

MEETING MINUTES

Tuesday, August 17, 2015

Larimer County Courthouse Lake Estes Conference Room (Suite 333)

 

Rural Land Use Board:

 

Present:

Staff:

Alan Carlson

Brenda Gimeson

Kristin Grazier

Terry Gilbert

Debra Herston

Joe Wise

Randy Mergler

Pam Stringer

Ryan Hostetler

 

 

 

AGENDA TOPICS:

 

Kristin Grazier called the meeting to order at 5:05 p.m.

 

1.   Approval of February 2, 2015 and June 8, 2015 minutes.  Member Hostetler made a motion to approve the February 2, 2015 minutes.  Seconded by Member Herston.  All were in favor. Member Wise made a motion to approve the June 8, 2015 minutes.  Seconded by Member Hostetler.  All were in favor.  Debra and Kristin abstained.

 

Election of Officers

 

Vice-Chair Herston made a motion to re-elect Kristin Grazier as Chair, Member Carlson seconded the motion. 

 

Alan Carlson

Yes

Debra Herston

Kristin Grazier

Joe Wise

Yes

Abstained

Yes

Randy Mergler

Yes

Ryan Hostetler

 

Yes

 

All were in favor

 

Member Carlson made a motion to re-elect Debra Hertson as Vice Chair, Member Wise seconded the motion.

 

Alan Carlson

Yes

Debra Herston

Kristin Grazier

Joe Wise

Abstained

Yes

Yes

Randy Mergler

Yes

Ryan Hostetler

 

Yes

 

All were in favor

 

Chair Grazier informed the board that Member Lamb’s term was up and she chose not to be reinstated.  Chair Grazier asked if anyone would be interested in being Secretary. 

 

Member Hostetler inquired about the duties of the Secretary.  Chair Grazier gave a brief overview of the duties.

 

Member Mergler made a motion to elect Member Hostetler as Secretary.  Member Carlson seconded the motion.

 

Alan Carlson

Yes

Debra Herston

Kristin Grazier

Joe Wise

Yes

Yes

Yes

Randy Mergler

Yes

Ryan Hostetler

 

Abstained

 

All were in favor

 

2.  Bryner RLUP - Action Item

Brenda gave an overview of the Bryner RLUP project.  Tree Farm Part II, LLC, represents the ownership and is requesting to use the RLUP to divide the 95.64 +/- acres into two single-family residential lots, each approximately 2 ½ acres in size and one residual lot, which will allow agricultural support buildings only within designated building envelopes, that will be protected from further development by a conservation easement, held by the City of Fort Collins.  The property is located northeast of Fort Collins at the northeast corner of County Road 9 and 56.  The land consists primarily of irrigated cropland and a tree farm, which will continue.  The surrounding properties consist of irrigated farmland and single-family residences.  With the limited home sites, this project is considered an administrative project where no community meeting was needed and referrals are limited.  The number of lots requested are consistent with the number of lots they would receive if split into 35-acre parcels.  In 1998 the improvements were divided from the ag land by a Minor Land Division.  The zoning district for this property is O-Open which allows one unit per 10 acres.  The land is currently accessed from County Road 9 and that access will remain.  The Water supply & storage canal is located on the north border of property.  The applicant is planning for on-lot septic systems.  Water will be provided by East Larimer County Water District.  Electricity will be provided by Poudre Valley REA, and gas will be provided either by Xcel Energy or individual propane tanks.  Poudre Fire is the response Fire Department. 

 

Referral Agencies:

The project was referred to the following agencies:  Engineering Department, Health Department, Division of Water Resources 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 public hearing before the Board of Commissioners.

 

Technical Issues:

      Engineering Department Comments:

  • County Road 9 is major collector which requires additional right-of-way.  

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

  • RLUP standards require site drainage review.    Proposing additional condition to require investigation of need for best management practices for non-point source runoff in the drainage review

·  New access permit required off County Road 9 with paved apron.

 

Heath Department Comments:

  • High quality soils to support conventional type on-site septic systems.

Ø  Not proposing any condition of approval

Ø  Water be supplied by ELCO Water district along with commandment letters

 

Division of Water Resources

·  They are requesting further clarification of the water use from wells to assure wells to the single family dwellings can be permitted under the existing State Statues

Ø  Recommending condition of approval that they work with the Division of Water Resources regarding the existing wells and permitting concerns.

 

East Larimer County Water:

·  Facilities available to provide domestic water service and can meet water supply requirement in Land Use Code.

Ø  Recommending condition of approval to have letter of commitment be provided by ELCO

 

Poudre Fire Authority:

Ø  RLUP regulations do not specifically address fire requirements.  

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

Ø  Development Standards in Land Use Code do not apply to RLUP projects

Ø  Adopted Fire Code requires water hydrant or automatic fire sprinkler system

Ø  Recommending condition of approval that applicant must provide a fire plan approved by Poudre Fire prior to final plat approval.

 

Rural Area issues:

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

 

Staff’s Recommendation:

 

Approval of the Bryner 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
  • Would like the RLUAB to make a recommendation regarding the fire protection

 

DISCUSSION:

 

Member Herston asked if the ditch was a main ditch or lateral.  Brenda replied it’s considered a lateral ditch.

MOTION:

 

Motion by Member Wise to approve the Bryner RLUP with a condition of approval as identified.  Member Mergler seconded the motion. 

 

Roll Call Vote:

 

Alan Carlson

Yes

Debra Herston

Kristin Grazier

Joe Wise

Yes

Yes

Yes

Randy Mergler

Yes

Ryan Hostetler

 

Yes

 

Motion carried unanimously.

 

Member Wise asked about the new regulations for Conservation Easements.  Brenda then stated this is not a new problem.  The state has been dealing with these issues for a while and that they are playing catch-up so a few of these problem cases are getting in the news again but there are no new regulations known. 

 

3.   Project Updates: 

Brenda updated the board regarding Accessory Dwellings on RLUP property.  Terry and Brenda will meet with the County Attorney and after Terry will make a determination/recommendation and then be scheduled for a Board of County Commissioners Hearing for a decision.

 

4.   Other Business:  None

 

Adjourned 5:55 pm

 

           _______________________                  _____________________________                                        Chair Kristin Grazier                             Secretary - Ryan Hostetler