§ 5.8.5. Process.

A.

General. The rural land use process is voluntary. The individual administering this resolution [section 5.8] must conduct the process as much as possible in an informal manner such that the process will be equally desirable and beneficial to both the landowner and the citizens of Larimer County. No landowner is required to participate or continue to participate.

Because the rural land use process is voluntary, neither the landowner nor the county can be forced to accept a final development plan it does not agree with. Either the landowner or the county may terminate negotiations in the event either believes that future efforts would be futile. Neither the landowner nor the county will have a claim or other basis for legal action if negotiations fail to result in a final development agreement.

B.

Creation of rural land use center.

1.

The RLUC's purpose is to promote the purposes and objectives of the Larimer County Rural Land Use Process through negotiation. The following persons and groups will comprise the RLUC:

a.

The rural land use advisory board (RLUAB):

(1)

Will make recommendations to the county commissioners regarding changes to the rural land use process.

(2)

Will evaluate and provide a recommendation to the county commissioners regarding proposed preliminary rural land plans. RLUAB members are strongly encouraged to visit the landowner's property prior to the neighborhood meeting in order to provide input to the director of the RLUC at this early stage in the process.

(3)

Will promote the principles, purposes, and objectives of the rural land use process.

b.

Director of the rural land use center (RLUC director): The RLUC director will be responsible for administering and enforcing the rural land use process.

c.

Volunteers: The RLUC director may maintain a list of persons who are willing to volunteer their time and expertise to assist the RLUC director, applicants and the neighborhood in the design and development of a RLUC project.

C.

Rural land use process.

1.

The process is initiated when a landowner or landowner's agent (hereinafter referred to as landowner) contacts the RLUC director to discuss the landowner's objectives to preserve, sell or develop all or part of his/her land. The landowner and RLUC director will visit the property to enable the RLUC director to better understand the land and its attributes and the landowner's objectives, and to assess whether the rural land use process call be realistically applied.

2.

The landowner and the RLUC director will meet and discuss all aspects of developing the land and/or alternative designs to determine the number, size and layout of sites, roads, access, utilities, water supply requirements, wastewater, proposed open space, protected areas or other areas intended to be excluded from development, possible environmental impacts, possible incentives, whether a homeowners' association is necessary or appropriate, whether an improvement agreement and collateral to secure construction of public improvements and common facilities is necessary or appropriate, and types of fees which the landowner will be required to pay (e.g., school, park, road, application fees, etc.). The RLUC director and landowner may also consider joint development and planning among several landowners. The RLUC director may involve appropriate personnel of review agencies and neighborhood representatives and volunteers to obtain input at the early design phase of a project.

3.

A preliminary rural land plan will be developed by the landowner with assistance of the RLUC director. The preliminary rural land plan map need not be drawn precisely to scale, but should be in sufficient detail to allow review by all interested parties and the public. The RLUC director will review the preliminary rural land plan to determine if the plan meets RLUC purposes and objectives. The landowner will also submit the materials designated in a list of submittal requirements prepared by the RLUC director.

4.

When the landowner and the RLUC director are satisfied with the preliminary rural land plan, the RLUC director will prepare a memorandum based on the discussions and negotiations between the landowner and the RLUC director. The memorandum will describe the possible project and the nature of the plan, as well as identifying the best available information about the property. The landowner will be asked to review the memorandum. If the landowner wishes to proceed, he/she will sign the memorandum and pay all applicable fees. Upon signing the memorandum, a file regarding the preliminary rural land plan will be opened and the RLUC director will be authorized to send the preliminary rural land plan to identified, affected interests for review and comment, pursuant to paragraph 5 below.

5.

Referrals:

(1)

The RLUC director will provide copies of the preliminary rural land plan for an initial review, comments and suggestions by the following affected agencies and persons:

(a)

Property owners abutting the property proposed for development and others within an area to be defined by the landowner and RLUC director.

(b)

Larimer County Health Department.

(c)

Utilities and service districts intended to serve the proposed development.

(d)

The appropriate fire protection district.

(e)

Beneficiaries of deeds of trusts or other lien holders.

(f)

Owners of any easements across the property.

(g)

Larimer County Engineer.

(h)

Planning department of any county or municipality within three miles of the proposed site.

(i)

Groups who have indicated a desire to be notified about a 35-acre alternative proposal.

(j)

Larimer County Planning Department.

(k)

Irrigation and reservoir companies that may be affected.

(l)

U.S. Army Corps of Engineers if any excavation in or the placement of dredged or fill material, either temporary or permanent, into waters of the U.S. which includes wetlands, is proposed.

(m)

Colorado State Forest where all or portion of a development is in a wildfire hazard area.

(n)

The local soil conservation district.

(o)

The appropriate public land management agency (e.g., U.S. Forest Service, BLM, Colorado State Forest, etc.) if a proposed development is adjacent to lands managed by that agency.

(p)

Colorado Parks and Wild Life.

(2)

If either the landowner or the RLUC director determine that the preliminary rural land plan should be reviewed by any of the following affected agencies the referral will be made:

(a)

Colorado Department of Transportation.

(b)

U.S. Forest Service.

(c)

Larimer County Open Lands Manager.

(d)

Larimer County Sheriff.

(e)

Emergency medical service providers.

(f)

Any other individuals or agencies that may be identified as considered appropriate by the RLUC director, including areas or interests outside of Larimer County that may be affected.

(3)

All referrals will include a notice that the proposal (including all relevant materials) is available in the offices of the rural land use center for review and comment, and that the RLUC director will be available to informally discuss the proposal. Copies of the preliminary rural land plan will be sent to all review agencies and made available to the public. Agencies will have 21 days within which to respond.

(4)

Following receipt of comments, the landowner and the RLUC director will meet for additional review to consider any changes to the preliminary rural land plan. Review agency personnel and the RLUC director will review and make recommendations regarding the appropriate development standards for the project, with the final decision made by the county commissioners.

a.

RLUAB site visit: The RLUC director will schedule a site visit for the RLUAB prior to the neighborhood meeting to enable RLUAB members to see and understand the land and provide input to the RLUC director. RLUAB members may complete and submit evaluation criteria sheets to the RLUC director.

b.

Neighborhood meetings: The RLUC director and the landowner will meet with the neighborhood members to review the plan in detail. At least 14 days' notice of the time and place of the meeting must be given. Public notice will be given by means determined to be most effective and informative, including publication in local newspapers, mailings and/or postings. Technical problems with delivery of notice will not, however, affect the validity of the process. The meetings will occur at a convenient time and place. Meetings should be informal and will attempt to:

(1)

Minimize confusion, unrealistic expectations and fear.

(2)

Create harmonious flow for the proposal process.

(3)

Inform and educate the public about the proposal.

(4)

Gather feedback and input from the public regarding the proposal.

Neighborhood meetings will be recorded and tapes made available to interested persons upon request. The RLUC director will prepare a list of meeting attendees. This list, together with the original mailing, will be used for future notifications.

If deemed necessary by the RLUC director, one or more additional neighborhood meetings will be scheduled to discuss the proposed preliminary rural land plan before the plan is forwarded to the RLUAB for recommendation.

6.

The landowner and the RLUC director will review the recommendations from the neighborhood and any comments from the RLUAB. The potential cost/benefits of suggested changes will be evaluated and negotiated in terms of the trade offs (incentives) available through the RLUC process. If the recommendations are achievable and the landowner accepts them, they will be incorporated into the preliminary rural land plan.

The RLUC director will inform the neighborhood of the progress of the plan, major changes or revisions to the plan and the results of input from the neighborhood. The neighborhood mailing list created after the neighborhood meeting will be used for this notification process.

7.

If necessary, the RLUC director will schedule additional meetings with the neighborhood to inform them of the decisions made concerning their suggestions and to formulate a plan to reach agreement.

8.

When the RLUC director determines that the proposed preliminary rural land plan meets the stated purposes and objectives of the landowner and the county, the RLUC director will schedule a meeting with the RLUAB. The meeting will be open to the public and the date, time and location will be posted in the Larimer County Courthouse at least ten days prior to the meeting. Notice of the meeting will also be given in the county commissioners' weekly schedule of meetings.

At its meeting, the RLUAB will consider the proposed preliminary rural land plan and all information presented to it by the RLUC director concerning the plan. Unless requested by the RLUC director, the applicant will not be required to meet with the RLUAB. After considering and discussing the plan, the RLUAB will make a recommendation to the board of county commissioners regarding the preliminary rural land plan. The recommendation may be to approve, disapprove, or approve with conditions. The RLUC director will prepare minutes of the RLUAB meeting that reflect the RLUAB's discussion and recommendation.

9.

The RLUC director will forward the preliminary rural land plan, RLUAB recommendation, minutes of the RLUAB meeting and a staff recommendation to the county commissioners and place the plan on the agenda for the next regularly scheduled land use hearing. The landowner must pay applicable fees at the time the plan is scheduled for hearing before the county commissioners.

10.

In reviewing, considering and deciding whether to approve a preliminary rural land plan, the county commissioners will bear in mind the negotiated, voluntary and cooperative nature of the process.

11.

At the conclusion of the hearing, the county commissioners may approve, disapprove or approve with conditions the preliminary rural land plan. If the county commissioners seek to impose additional conditions not previously discussed with and agreed to by the landowner, the county commissioners must give the landowner and members of the public an opportunity to comment about the proposed conditions. Any such additional conditions must be reasonable and achievable.

12.

The county commissioners will issue a written findings and resolution stating its decision and the reasons for its decision.

13.

If the county commissioners disapprove the preliminary rural land plan, the landowner may revise the preliminary rural land plan to meet the reasons for disapproval indicated by the county commissioners, or the landowner may voluntarily withdraw from the process.

14.

If the county commissioners approve the proposed preliminary rural land plan, the landowner will have 365 calendar days from the date of the county commissioners' findings and resolution to submit to the RLUC director a final plat, a final development agreement and other required submittals. The final development agreement must contain all terms and provisions discussed, negotiated and agreed to during the rural land use process to insure the development is completed in accordance with the preliminary rural land plan approval and the understanding of all parties. The final plat, final development agreement and collateral for improvements must conform to section 12.6 (post-approval requirements). Requirements for these documents may, however, be varied as necessary to conform with approval of the county commissioners of any particular preliminary rural land plan.

15.

After receipt of a complete final plat, final development agreement and other required submittals, the RLUC director will review the documents for compliance. When all documents are determined to be in compliance, the RLUC director will present the documents to the county commissioners for administrative review and signature by the chair. The RLUC director will then record the final plat and development agreement and other appropriate documents with the county clerk and recorder office. No on-site improvements may begin until the board of county commissioners approve the final plat, development agreement and other required submittals.

16.

The RLUC director, on behalf of the county commissioners, will notify the state engineer, no later than ten days after approval of the final plat and final development agreement, of the approval and provide a copy of the approved final plat and final development agreement to the state engineer.

17.

The RLUC director may grant one extension of time for submittal of the final plat, final development agreement and other required submittals, of not more than 90 calendar days, upon a written request by the landowner prior to the expiration of the preliminary rural land plan. A request for an extension must state the reasons for the landowner's inability to comply with the deadline.

18.

The preliminary rural land plan approval will automatically expire if the landowner does not submit for review the final plat, final development agreement and other required submittals within the time period described above.

D.

Administrative process.

1.

Landowners whose project involves a single contiguous parcel and who agree to limit the total buildable lots (including existing dwellings) to no more than the number described below may elect to use the administrative process:

Acreage	Maximum Number of Buildable Lots
70 to less than 105	3
105 to less than 140	4
140 to less than 175	5
175 to less than 210	6
210 to less than 245	8
245 to less than 280	9
280 to less than 315	10
315 to less than 350	11
350 to less than 385	12
385 to less than 420	14
420 to less than 455	15
455 to less than 490	16
490 to less than 525	16
525 to less than 560	16
560 to less than 595	16

 

Any project larger than 595 acres is eligible for the administrative process provided the number of total buildable lots does not exceed 16.

2.

The administrative process will be limited to the following steps:

a.

Steps 1, 2, 3, and 4 as described in section 5.8.5.C, will be followed except that the RLUC director shall only be required to refer the preliminary rural land plan to the county health department, the county engineering department, the county planning department, the appropriate fire district, and the rural land use advisory board for review and comment. These departments will have 21 days from receipt within which to respond. The RLUC director may refer the plan to other affected interests as he/she deems appropriate in his/her sole discretion.

b.

Upon completion of steps 1, 2, 3, and 4, and upon receipt of the referral comments listed in 5.8.5.D.2.a, the RLUC director will forward the preliminary rural land plan and a staff recommendation to the county commissioners and place the plan on the agenda for the next regularly scheduled land use hearing. The landowner must pay applicable fees at the time the plan is scheduled for hearing before the county commissioners.

c.

The county commissioners will hear and decide upon the application for the proposed preliminary rural land plan and the landowner will proceed in accordance with steps 10—18 as described in section 5.8.5.C.

(Res. No. 02222005R002, Exh. A, 2-22-2005; Res. No. 05292012R003, Exh. A, 5-29-2012; Res. No. 07222014R004, Exh. A, § 4, 7-22-2014; Res. No. 06092015R002, Exh. A, 6-9-2015)