Tuesday, August 26, 2014

Larimer County Courthouse Lake Estes Conference Room (Suite 333)


Rural Land Use Board:




Alan Carlson

Brenda Gimeson

Bill Spencer

Pam Stringer

Kara Lamb


Kristin Grazier


Ryan Hostetler




Debra Herston







Chair Grazier called the meeting to order at 5:10 p.m.


1.   Approval of June 2, 2014 and August 11, 2014 minutes.  Member Spencer made a motion to approve the June 2, 2014 minutes as amended.  Seconded by Member Hostetler.  All were in favor.  Secretary Lamb made a motion to approve the August 11, 2014 minutes as amended.  Seconded by Member Carlson.  All were in favor. 


2.   Silver Reef II RLUP - Action Item

Brenda gave an overview of the Silver Reef II 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 60 to 70 +/- acres in size, with a building envelope for agricultural support buildings only.  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.  Owners would prefer smaller lots and that is why they chose the Rural Land Use process.  The zoning district for this property is O-Open which allows one unit per 10 acres. The existing packing plant is located on Lot 2, which does not fit current farming operations, therefore is used for storage only.  Access for Lot 1 will be taken off County Road 17 and Lot 2 will be off County 72.  Water will be provided by on-site wells.  Sewer for both lots will be provided by an on-site septic systems and fire protection provided by Wellington Fire.  Brenda informed the Board that Wellington Fire now has an adopted Fire Coded that Larimer County recognizes.  The surrounding area includes 35 acre or larger parcels, with a few subdivision and exemptions.  The Residual Lot will be protected from further development for a minimum of 40 years and pivot irrigation will continue on this lot.  Brenda pointed out some concerns she had seen during her site visit.  The first being a possible drainage issue at the access point for Lot 1, off County Road 17; second the location and purpose of two cement culverts located in the drainage area south of Lot 2.  Lastly, the warring signs posted that read “High Pressure Water Pipeline Before digging Please call utility notifications center of Colorado”.

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 72 is major collector and County Road 17 a minor collector which 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.  With the possibility one point may need to be closed.

Ø Recommending condition of approval that they must close at least one access point to Lot 2.

·  Access Easement

Ø RLUP standards will apply which require more than a 40’ easement

  • Drainage requirements will need to be met.

Ø RLUP standards will apply


Heath Department Comments:

·  Soils are constrained due to slow perc rates and west soils 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

Ø Not proposing any condition of approval


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.


Wellington Fire Comments:

  • No comments provided
  • 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 II 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


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




Secretary Lamb asked if the waterway is an agriculture run off or something else?


Member Hostetler replied it was probably surface water.  Brenda would like an engineer to make this determination.  Brenda felt that a narrative explaining where the surface water was coming from would be fine instead of requesting a detailed report.


Member Lamb also questioned the cement culverts and asked if at one time they could have been for a driveway?  Brenda stated she was unsure of what they would have been used for but had a call into the Applicant for clarification.


Secretary Lamb questioned what is or was in the barrels and if they are seeping? She wondered if the Health Department mentioned anything about them?  Brenda stated the health department did not mention them in their comments.


Chair Grazier stated she wanted more clarification on what is in the barrels before approving the project.


Member Spencer stated all they have to do is identify what’s in the barrels and deal with it appropriately.




Motion by Secretary Lamb to approve the Silver Reef RLUP with a condition of approval to identify what in the barrels and deal with it appropriately.  Member Spencer seconded the motion.




Chair Grazier stated we have the option of saying that we do not feel comfortable approving because we need verification of what is in the barrels; or we have an option of making it a condition of approval.  Brenda stated that if you make a recommendation it will be dealt with as a condition at final Plat.  However, this Board would not review the project at that time.  It would be up to the Health Department to identify what needs to be done and come up with a plan to clean it up. 


Member Hostetler asked if we could require them to supply us with a phase one Environmental Plan, which could cost approximately $3000.  He also stated that a mortgage company may require the buyer to get some sort of environmental report done.


Member Spencer said they could just bulldoze it underground.   Member Spencer also stated that we are putting them through an awful lot for potentially a bunch of empty barrels. 


Brenda asked for clarification on if the Board is concerns were about the barrels or the entire lot and if the board felt that it was appropriate to ask for an environmental report. 


Secretary Lamb stated she would like to know what is in the barrels for an environmental issue especially if this site is going to be a home site.


Chair Grazier asked for clarification from Brenda regarding why the outcome of the water, drainage narrative and barrels would not be brought back to this board?  Brenda stated she could report the outcome of each topic back to the Board but they would not review it again.  Final approval is administrative as long as conditions of approval are met.  Chair Grazier then asked the Board if they were ok without review of the outcome.  Member Carlson stated he would be ok with that because they are delegating the responsibility to a more appropriate Department for approval. 





Motion by Secretary Lamb to approve the Silver Reef II RLUP with a condition of approval to identify what is in the barrels and work with the County Health Department for appropriate actions, if any, and proper disposal prior to sale of lot.  Member Spencer seconded the motion. 


All were in favor




Motion by Member Hostetler to approve the Silver Reef II RLUP with the standard conditions that require compliance with RLUP standards and to identify what in the barrels and work with the County Health Department for appropriate actions, if any, and proper disposal prior to sale of lot.  Member Spencer seconded the motion.


Roll Call Vote:


Alan Carlson


Debra Herston


Ryan Hostetler


Kara Lamb


Bill Spencer


Kristin Grazier


Motion carried unanimously.



3.   Project Updates: 

·  Wild RLUP Extension was approved for 5 years. 

·  Willowbrook Ranch submitted final plat and rezoning and will possibly get approval in September 2014. 

·  Silver Reef is about to submit final plat for the other two lots. 

·  Planning Commission meeting to discuss changing the number of members from nine down to seven has been postponed till October. 


4.   Other Business:  Member Spencer asked if the Weaver Ranch requested more lots and if that was the reason why the County paved part of the road going through the roundabout on Owl Canyon.  Brenda replied that part of Owl Canyon Road was paved do to the reconfiguration for the roundabout that was approved as part of the bypass.  She is not aware of the Weaver Ranch requesting lots.


Member Hostetler moved to adjourn.


Meeting adjourned at 5:55 p.m.


      _______________________                  _____________________________                   Chair Kristin Grazier                                    Vice-Chair Debra Herston