Monday, December 3, 2018

Larimer County Courthouse Lake Estes Conference Room (Suite 333)

Rural Land Use Board:




Alan Carlson

Samantha Mott

Joe Wise

Lesli Ellis

Kristin Grazier

Lea Schneider

Michael Ehler

Pam Stringer

Patti West





Jessie and John Donaldson





Ryan Hostetler




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


1.   February 5, 2018 minutes were not approved at the December 3, 2018 meeting.  Chair Grazier pointed out additional corrections to the minutes.  With corrections Chair Grazier supplied.   Member Wise made a motion to approve the February 5, 2018 minute with corrections.  Seconded by Member Ehler.  All were in favor.


With corrections Chair Grazier supplied.   Member Wise made a motion to approve the February 6, 2017 minutes.  Seconded by Member Hostetler.  All were in favor.


2.   Election of Officers



Member Wise made a motion to elect Kristin Grazier as Chair, Member Ehler seconded the motion.

Kristin Grazier        Abstained

Alan Carlson           Yes

Patti West               Yes

Joe Wise                 Yes

Michael Ehler         Yes


All were in favor



Member Ehler made a motion to elect Member Wise as Vice Chair, Member West seconded the motion.

Kristin Grazier        Yes

Michael Ehler         Yes

Patti West               Yes

Alan Carlson           Yes

Joe Wise                 Abstained


All were in favor



Member Wise made a motion to elect Member West as Secretary. Member Ehler seconded the motion.

Kristin Grazier        Abstained

Ryan Hostetler       Yes

Patti West               Abstained

Joe Wise                 Yes


All were in favor


3.   Donaldson RLUP :

Samantha introduced the Jessie & Jeff Donaldson. Then gave a brief update regarding the abbreviated minutes you received for October 15, 2019 and explained that a quorum was not established therefore the meeting on October 15, 2019 was never convened.   


Donaldson Rural Land Use Plan overview which includes a slide presentation.  The request is for a Rural Land Plan to create 6 residential lots and 1 residual lot on a 143 acre of irrigated agricultural land & tree farm, which is irrigated cropland, with wildlife habitat and open space in AP-Airport zoning district.  The property went through a Minor Land Division in 2010 that divided the property into commercial and single family residential uses.  Five of the residential lots will range in size from 3-6 acres with one additional residential lot approximately 10-12 acres in size, with a density of one unit per 18 acres. There will be approximately 72 acres of residual land and there is an existing 35 acre reservoir on the lot, Nelson Reservoir.  The property is in the Fort Collins-Loveland Corridor. There will be two points of access the existing access to the existing home and the new access onto County Road 30.


A community meeting was on held on July 11, 2018. The community concerns were as follows:


Community Concerns:

–  Design standards for homes

–  Building heights and setbacks

–  Road surface

–  Uses on the lots – particularly business uses

–  Are horses allowed

–  Interest in the covenants – are they similar to Eagle Ranch

–  Compatibility with Fort Collins/Loveland Airport


After addressing the concerns from the community all were in favor of approval the Donaldson request as is.

Referral Agencies:

The project was referred to numerous agencies.  A summary of the comments and concerns received are as follows:


Technical Issues:

      Engineering Department Comments:

•  Request for 60’ half right-of-way along CR 30 and CR 9

–  Proposing condition of approval to require this

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



–  RLUP standards require site drainage review.  Proposing condition of approval that will require drainage report to address these issues.

  • Access permits required for the new access and any existing access points that have a change in use

–  Proposing standard condition of approval requiring access permit


Heath Department Comments:

•  On-site wastewater treatment systems (OWTS)

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

–  Health Department requires septic permit before building permit issuance.  No condition of approval proposed as already a building permit requirement. 

•  Water to be obtained from Fort Collins-Loveland Water 

–  Condition being proposed that will require letter of commitment from water district to service the new lots

•  Rural Area issues and Horse Pasture Management comments 

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

•  Noise issues due to proximity to airport

–  Proposing to include a plat note and information in the disclosure notice addressing this issue


Fort Collins – Loveland Water District and South Fort Collins Sanitation District

•   Water

–      Commitment letter from the Water District was provided

–   Water system design must meet design standards in Section 8.1.4 of Land Use Code  letter mentions 8.1.2

•   Sewer

–   The property is not within the service area and sewer service is contingent upon being included in the District boundary

–   On-site water treatment systems are proposed and supported by the Health Department comments

Division of Water Resources:

•   Fort Collins-Loveland Water is a reliable water supply

•   Indicates the lots are in the Water District’s boundary


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 address through a site specific subsurface investigation include:

–   Shallow groundwater

–   Expansive and compressible soils and expansive bedrock

–   Corrosive soils

–   Septic system/OWTS feasibility

•   Will place a condition regarding site specific soils investigations for habitable structures.


Poudre Fire:

•  Has an adopted Fire Code

•  Requesting:

–  Proximity to fire hydrants

–  3 access points or all residences be designed with an approved fire sprinkler system

–  Fire lane and dedicated emergency access easement with visible signage

–  Approval of security gates if allowed in development

Fire Protection:

•  RLUP regulations do not specifically address fire requirements

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

•  In past RLUP’s, have made condition of approval that require automatic fire protection sprinklers for new residential structures or written permission for variance from the requirement from fire district 

–  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.


Northern Colorado Regional Airport

•  Comments indicate that concerns and issues related to land use compatibility proximate to the airport have been addressed

•  No lots are being created within the Airport’s “critical area” or “airport critical zone”

–  Proposing avigation easements and property disclosures be included with this development

•  An avigation easement is a property right acquired from a landowner which protects the use of airspace above a specified height, and imposes limitations on use of the land subject to the easement. Generally, uses that attract birds or interfere with pilot visibility and instrumentation are prohibited.


City of Fort Collins

•   The property is not located within the Fort Collins Growth Management Area but it is in the area between Fort Collins and Loveland

•   City is requesting an Ecological Characterization Study and has landscaping recommendations

–    No condition of approval proposed

•   Density supports the goal of preserving the area’s rural character

•   Requesting a drainage report and construction plans

–  RLUP standards require site drainage review.  Proposing condition of approval that will require drainage report to address these issues.


City of Loveland

•   The property is not located within the Fort Collins Growth Management Area but it is in the area between Fort Collins and Loveland

•   Request for additional right-of-way along CR 30

–   Condition of approval is to provide right-of-way’s consistent with County requirements for the roads.

•   Would like to ensure the new proposed access lines up the access for the Larimer Humane Society across County Road 30

•   Also requesting improvements along CR 30

–  Rural Land Plans generally do not require off-site improvements to be made.  No condition of approval is being proposed.


Environmental Planner

•   All lots are outside of the airport critical zone

•   Any wetland and water areas should have a 100 foot buffer to any developed areas

–   Recommending a no build area on the plat as applicable

Federal Aviation Administration

• Provides federal guidelines to ensure the proposal will not pose an aeronautical hazard and minimize effects to aviation

– This proposal must comply with federal regulations which may include filing form 7260-1






Member Wise ask if we still needed additional approval from the water district and fire protection in order for them to move forward.  Ms. Schneider stated yes.  We are in need of a formal approval (commitment letter) from the water district.   The commitment letter gives the owner two years to get all their infrastructure in place.  Member Wise went on to state that a commitment letter should be one of the conditions of approval of this project. Samantha stated that a condition of approval of Section 8.1.2.A.1 is a standards condition.


Mr. Donaldson gave a brief update regarding the Poudre Fire Authority requirement. At this time they are requesting fire sprinklers for all new residential structures unless we have an emergency/secondary access.  Mr. Donaldson stated that they are proposing to have an emergency/secondary access which will eliminate the need for fire sprinklers.  


Member Carlson stated he notice the requirement for 3 access points and that the wetlands would cross over the roads. Therefore, Member Carlson requested we add a condition of approval for some sort of a bridge. 


Mr. Donaldson pointed out, on the map, that when they purchased the property the wetlands area was full of cattails which was mainly caused from excess irrigation water and alkaline.   After purchasing the property they dug out the lake and built a berm all around the lake and put fill dirt in the alkaline area. Since then this is not a wetland area.


Approve the Donaldson 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, avigation easements and plat notes as outlined by staff in this presentation


MOTION:  Member Wise move to approve as presented with the additional recommendations as recommended second by Member Ehler. All were in favor.


Other business:

Member West how do wetland go away?  Samantha stated the Commissioners through the Land Use Code 8.2.8 can approve a road crossing over the wetlands if there is no alternative.  In this case the map states it’s a potential wetlands.  If the map stated it was in a wetland the Army Corps of Engineers would need to address the issue.  This was referred to them, but they provided no comments.


Member Carlson motioned to adjourn. Member Ehler seconded.


Meeting adjourned at 6:10 p.m. 


           __________________________                  ___________________________________                Chair Kristin Grazier                                         Secretary Patti West