Agenda - Thursday, May 7, 2020
Transcript of Agenda - Thursday, May 7, 2020
MEETING OF THE BOARD OF COUNTY COMMISSIONERS
BOULDER COUNTY, THURSDAY, MAY 7, 2020
This agenda is subject to change. Please call ahead to confirm an item of interest (303-441-3500). Meetings are held in the Third Floor Hearing Room, County Courthouse, 1325 Pearl Street, Boulder.
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Contact information for various county departments can be found here: www.boco.org/BC-Directory
USE THIS LINK TO ACCESS THE CPP HEARING: https://boco.org/CPPMay-7-20
11:00 a.m. PUBLIC MEETING
1. Community Planning and Permitting: Docket V-19-0002: Ferncliff Vacation Request to vacate the entirety of the Park Street platted right-of-way, the portion of right-of-way for County Road 149 contained within parcel #119725000008, and the portion of the Spangler Street platted right-of-way adjacent to parcel #119725004001, submitted by Danielle Lynn & Donald R. and Eileen L. Kvols, c/o Kenneth K. Kvols. The subject properties are in the Forestry zoning district, at Parcel #s 119725000002, 119725000007, 119725000008, 119725004001, 119725006001, 119725006002, on the east and west sides of State Highway 7 Business Route, approximately 0.5 mile northwest from its southern intersection with State Highway 7, Section 25, Township 3N, Range 73W. ACTION REQUESTED: Decision
Deb Gardner County Commissioner Elise Jones County Commissioner Matt Jones County Commissioner
Community Planning & Permitting Courthouse Annex • 2045 13th Street • Boulder, Colorado 80302 • Tel: 303.441.3930 Mailing Address: P.O. Box 471 • Boulder, Colorado 80306 • www.bouldercounty.org
PUBLIC HEARING STAFF PLANNER: Jean (Raini) Ott, AICP, CFM, Planner II STAFF RECOMMENDATION Docket V-19-0002: Ferncliff Vacation Request: Request to vacate the entirety of the Park Street platted right-of-way, the
portion of right-of-way for County Road 149 contained within parcel #119725000008, and the portion of the Spangler Street platted right-of-way adjacent to parcel #119725004001.
Location: Parcel #s 119725000002, 119725000007, 119725000008, 119725004001, 119725006001, 119725006002, on the east and west sides of State Highway 7 Business Route, approximately 0.5 mile northwest from its southern intersection with State Highway 7, Section 25, Township 3N, Range 73W.
Zoning: Forestry (F) Zoning District Applicant: Danielle Lynn Owners: Donald R. and Eileen L. Kvols, c/o Kenneth K. Kvols PACKET CONTENTS Item Pages Staff Recommendation 1 – 5
Planning Commission Action Letter & Certificate of Resolution PC1 – PC3
Application Materials (Attachment A) A1 – A11
Referral Responses (Attachment B) B1 – B8 SUMMARY The applicants are requesting to vacate the entirety of the Park Street platted right-of-way, the portion of County Road 149 right-of-way contained within Parcel No. 119725000008, and the Spangler Street platted right-of-way adjacent to Parcel No. 119725004001. Staff recommends conditional approval since, as conditioned, staff finds the request can meet the Vacation criteria in the Land Use Code (Article 10-100).
BOULDER COUNTY
BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING
May 7, 2020 at 11:00AM
via Microsoft Teams
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DISCUSSION The three rights-of-way proposed to be vacated are part of the Plat of Ferncliff dated September 21, 1910 (Figure 1), none of which are currently in use or were ever constructed as roadways. Staff supports the request since it would resolve an existing encroachment on Parcel No. 119725006001, would not preclude any parcels from having legal access, and does not otherwise conflict with the Land Use Code or Boulder County Comprehensive Plan, as conditioned.
Figure 1: Ferncliff Plat (left) and Aerial Map (right) with Rights-of-Way to be Vacated (red)
REFERRALS This application was referred to the typical agencies, departments, and adjacent property owners. Copies of all referral responses received by the Land Use Department are attached. Responses summarized below include comments related to both the Subdivision Exemption and Site Plan Review applications. County Engineering Development Review Team: This division reviewed the proposal and responded that the Public Works Department has no plans to develop the platted rights-of-way for which the vacations are requested and that the vacation of the subject rights-of-way does not preclude legal access from any parcels. The County Engineer supports the vacation request as proposed, except for the request to vacate the entirety of Spangler Street adjacent to Parcel No. 119725004001. Since this right-of-way is also adjacent to a parcel not owned by the applicant, only the western half adjacent to the applicant’s parcel should be vacated. County Public Health Department: This department reviewed the application materials and indicated each buildable lot must have an approved on-site wastewater treatment system (OWTS), unless there is an easement on a neighboring property for the system. The referral response included the OWTS status for each existing property, provided requirements for placement of OWTS absorption fields, provided information regarding property transfer requirements, and stated property owners must apply for OWTS permits with Boulder County Public Health. Staff notes OWTS requirements are being resolved through post-approval actions associated with SE-19-0003: Ferncliff, approved by the Board of County Commissioners on October 17, 2019 via Resolution 2019-87. Adjacent Property Owners: Notifications were sent to 25 adjacent property owners. No comments have been received.
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Agencies with no response or no conflict: County Building Safety & Inspection Services Team, County Parks & Open Space Department, County Historic Preservation Team, County Wildfire Mitigation Team, Estes Park Power & Light, Allenspark Fire Protection District, Allenspark Area Landowners, Allenspark Concerned Citizens, Greater Allenspark Alliance/MOST, US Forest Service, St. Vrain & Left Hand Water Conservancy District, Boulder Valley & Conservation Districts, County Surveyor, History Colorado, and United States of America. VACATION REVIEW Section 10-100 of the Boulder County Land Use Code sets the standards for Vacations of Public Roads, Alleys, and Easements. Staff has reviewed these criteria and finds the following: (A) Public roads, alleys, and easements may be vacated after consideration at a public hearing
by both the Planning Commission and the Board of County Commissioners.
This docket was heard by Planning Commission at a public hearing on February 19, 2020, where the Planning Commission recommended conditional approval to the Board of County Commissioners. Staff subsequently scheduled a public hearing for May 7, 2020 with the Board of County Commissioners. Therefore, staff finds this criterion can be met.
(B) Unless otherwise noted, the portions of the road or alley vacated will be divided down the centerline and added to the respective adjacent property.
The application requests to vacate the entirety of the Park Street platted right-of-way, the portion of right-of-way for County Road 149 contained within Parcel No. 119725000008, and the portion of the Spangler Street platted right-of-way adjacent to Parcel No. 119725004001. The County Engineer supports the vacation request as proposed, except for the request to vacate the entirety of Spangler Street adjacent to Parcel No. 119725004001.
The vacated portions of Park Street and County Road 149 rights-of-way will be absorbed into the adjacent properties as proposed. However, since the owners of Parcel No. 119725000004, the property adjacent to Spangler Street on the eastern side opposite Parcel No. 119725004001, are not involved in the application, only the half of the Spangler Street right-of-way adjacent to the applicants’ parcel may be vacated at this time (see Figure 2 below).
Figure 2: Spangler Street Right-of-Way (blue) and Adjacent Parcels
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The Spangler Street right-of-way can be divided down the centerline with only that half adjacent to Parcel No. 119725004001 being vacated and added to the parcel, while still meeting the needs of the applicant. Therefore, staff finds this criterion is met.
(C) Application and processing requirements for vacations are included in Article 3.
The submitted application materials meet the requirements found in Article 3. In accordance with Article 3, staff referred the application to applicable referral agencies and all property owners within 1,500 feet of the subject property. The application was then heard at a public hearing before the Planning Commission on February 19, 2020, where public testimony was taken, and the application will be heard by the Board of County Commissioners at a public hearing on May 7, 2020, where public testimony will be taken. Therefore, staff finds this criterion is met.
(D) Following approval or conditional approval of a Vacation, the applicant shall submit to the Land Use Department all necessary documents. The applicant shall comply with all conditions of approval prior to recordation of a Resolution vacating the subject rights-of-way. Therefore, as conditioned, staff finds this criterion can be met.
(E) The Vacation becomes effective upon recordation of the Board's resolution of approval with the Boulder County Clerk and Recorder's office.
1. Prior to recordation, the applicant must comply with and complete all conditions of approval.
2. The Land Use Department staff shall record the Commissioner’s resolution of approval with the Clerk and Recorder’s office within 1 year of the Commissioners’ approval unless otherwise specified.
If the vacation is approved by the Board of County Commissioners, upon completion of post approval requirements Community Planning & Permitting staff will record a copy of the Board's Resolution of Approval with the Boulder County Clerk & Recorder. Therefore, as conditioned, staff finds this criterion can be met.
PLANNING COMMISSION HEARING This application was considered by the Boulder County Planning Commission at a public hearing on February 19, 2020. Commissioners Ann Goldfarb (Vice-Chair), Sam Libby (2nd Vice-Chair), Mark Bloomfield, Melanie Nieske, Gavin McMillan, and Daniel Hilton were in attendance. Commissioners Lieschen Gargano (Chair), Sam Fitch, and Todd Quigley were excused. Staff presented the applicant’s proposal and staff’s recommended conditions of approval. The applicant’s agent then spoke briefly about the proposal. There were no comments from members of the public during the public comment period. Commissioner Melanie Nieske moved that the Boulder County Planning Commission conditionally approve and recommend to the Board of County Commissioners conditional approval of Docket V-19-0002: Ferncliff Vacation, subject to the conditions in the Staff Recommendation. Commissioner Mark Bloomfield seconded the motion, and the motion passed unanimously.
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RECOMMENDATION Staff has determined that the proposal can meet all the applicable criteria of the Boulder County Land Use Code for a Vacation. Therefore, staff recommends the Board of County Commissioners conditionally approve Docket V-19-0002 Ferncliff Vacation with the following conditions:
1. Only that half of the Spangler Street platted right-of-way immediately adjacent to Parcel No. 119725004001 is vacated.
2. The applicant shall meet all the post approval requirements within one year after the date of the Board of County Commissioners’ Resolution approving this vacation. This Resolution and associated documents shall also be recorded by Land Use Staff with the County Clerk and Recorder’s Office within this one-year timeframe. This vacation approval shall not be considered final or effective until this recordation. Finally, this vacation approval shall expire if recordation does not occur within the required one-year timeframe (unless an extension is granted).
3. The applicants shall be subject to the terms, conditions, and commitments of record and in the file for Docket V-19-0002 Ferncliff Vacation.
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Community Planning & Permitting Courthouse Annex • 2045 13th Street • Boulder, Colorado 80302 • Tel: 303.441.3930 • Fax: 303.441.4856 Mailing Address: P.O. Box 471 • Boulder, Colorado 80306 • www.bouldercounty.org
Deb Gardner County Commissioner Elise Jones County Commissioner
Matt Jones County Commissioner
April 30, 2020 Donald R. and Eileen L. Kvols, c/o Kenneth K. Kvols 7220 Baker Rd. Black Forest, CO 80908 Danielle Lynn P.O. Box 1698 Lyons, CO 80540 Dear Applicants: This letter certifies that a hearing of the Planning Commission, County of Boulder, State of Colorado, was duly called and held on Wednesday, February 19, 2020 in consideration of the following request:
Docket V-19-0002: Ferncliff Vacation Request to vacate the entirety of the Park Street platted right-of-way, the portion of right-of-way for County Road 149 contained within parcel #119725000008, and the portion of the Spangler Street platted right-of-way adjacent to parcel #119725004001, submitted by Danielle Lynn & Donald R. and Eileen L. Kvols, c/o Kenneth K. Kvols. The subject properties are in the Forestry zoning district, at Parcel #s 119725000002, 119725000007, 119725000008, 119725004001, 119725006001, 119725006002, on the east and west sides of State Highway 7 Business Route, approximately 0.5 mile northwest from its southern intersection with State Highway 7, Section 25, Township 3N, Range 73W. The Planning Commission has recommended that the request be CONDITIONALLY APPROVED, subject to the following conditions:
1. Only that half of the Spangler Street platted right-of-way immediately adjacent to Parcel No. 119725004001 is vacated.
2. The applicant shall meet all the post approval requirements within one year after the date of the Board of County Commissioners’ Resolution approving this vacation. This Resolution and associated documents shall also be recorded by Land Use Staff with the County Clerk and Recorder’s Office within this one-year timeframe. This vacation approval shall not be considered final or effective until this recordation. Finally, this vacation approval shall expire if recordation does not occur within the required one-year timeframe (unless an extension is granted).
3. The applicants shall be subject to the terms, conditions, and commitments of record and in the file for Docket V-19-0002 Ferncliff Vacation.
This docket has been scheduled for final consideration by the Board of County Commissioners on May 7, 2020 11:00 A.M. in the Hearing Room, Third Floor, County Courthouse, 1325 Pearl Street, Boulder, CO.
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If you have any additional questions, please feel free to contact me at (303) 441-3930 or via email at [email protected]. Sincerely,
Jean (Raini) Ott, CFM, AICP, Planner II Planning Division Community Planning & Permitting Department
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Community Planning & Permitting Courthouse Annex • 2045 13th Street • Boulder, Colorado 80302 • Tel: 303.441.3930 • Fax: 303.441.4856 Mailing Address: P.O. Box 471 • Boulder, Colorado 80306 • www.bouldercounty.org
Deb Gardner County Commissioner Elise Jones County Commissioner
Matt Jones County Commissioner
CERTIFICATE OF RESOLUTION
TO: Board of Boulder County Commissioners FROM: Boulder County Planning Commission
DATE: February 27, 2020 RE: Docket V-19-0002 This certifies that at a public hearing of the Planning Commission, County of Boulder, State of Colorado, duly called and held on February 19, 2020 the following resolution was duly adopted. Be it resolved that the Planning Commission, County of Boulder, State of Colorado, recommends to the Board of County Commissioners that the following request be CONDITIONALLY APPROVED, by a vote of 6 in favor, 0 against, 0 abstaining, and 3 excused. Docket V-19-0002: Ferncliff Vacation Request to vacate the entirety of the Park Street platted right-of-way, the portion of right-of-way for County Road 149 contained within parcel #119725000008, and the portion of the Spangler Street platted right-of-way adjacent to parcel #119725004001, submitted by Danielle Lynn & Donald R. and Eileen L. Kvols, c/o Kenneth K. Kvols. The subject properties are in the Forestry zoning district, at Parcel #s 119725000002, 119725000007, 119725000008, 119725004001, 119725006001, 119725006002, on the east and west sides of State Highway 7 Business Route, approximately 0.5 mile northwest from its southern intersection with State Highway 7, Section 25, Township 3N, Range 73W. Subject to the following conditions:
1. Only that half of the Spangler Street platted right-of-way immediately adjacent to Parcel No. 119725004001 is vacated.
2. The applicant shall meet all the post approval requirements within one year after the date of the Board of County Commissioners’ Resolution approving this vacation. This Resolution and associated documents shall also be recorded by Land Use Staff with the County Clerk and Recorder’s Office within this one-year timeframe. This vacation approval shall not be considered final or effective until this recordation. Finally, this vacation approval shall expire if recordation does not occur within the required one-year timeframe (unless an extension is granted).
3. The applicants shall be subject to the terms, conditions, and commitments of record and in the file for Docket V-19-0002 Ferncliff Vacation.
This docket has been scheduled for final consideration by the Board of County Commissioners on May 7, 2020 11:00 A.M. in the Hearing Room, Third Floor, County Courthouse, 1325 Pearl Street, Boulder, CO.
BOULDER COUNTY PLANNING COMMISSION
Jean (Raini) Ott, CFM, AICP, Planner II
for Dale Case, Secretary
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Deb Gardner County Commissioner Elise Jones County Commissioner Matt Jones County Commissioner
Land Use Courthouse Annex • 2045 13th Street • Boulder, Colorado 80302 • Tel: 303.441.3930 Mailing Address: P.O. Box 471 • Boulder, Colorado 80306 • www.bouldercounty.org
MEMO TO: Referral Agencies, FPD and Adjacent Property Owners FROM: Jean (Raini) Ott, AICP, CFM, Planner II
DATE: December 17, 2019 RE: Docket V-19-0002
Docket V-19-0002: Ferncliff Vacation Request: Request to vacate the entirety of the Park Street platted right-of-way,
the portion of right-of-way for County Road 149 contained within parcel #119725000008, and the portion of the Boynton Street platted right-of-way adjacent to parcel #119725004001.
Location: Parcel #s 119725000002, 119725000007, 119725000008, 119725004001, 119725006001, 119725006002, on the east and west sides of State Highway 7 Business Route, approximately 0.5 mile northwest from its southern intersection with State Highway 7, Section 25, Township 3N, Range 73W.
Zoning: Forestry (F) Zoning District Applicant: Danielle Lynn Owners: Donald R. and Eileen L. Kvols, c/o Kenneth K. Kvols
A Vacation (V) may be requested in order for public rights of way to be conveyed to adjacent property owners. The Vacation process includes a public hearing before the Planning Commission and Board of County Commissioners. All adjacent property owners and holders of liens, mortgages, easements or other rights in the subject property are notified of these hearings. The Land Use staff, Planning Commission, and County Commissioners value comments from individuals and referral agencies. Please check the appropriate response below or send a letter. Late responses will be reviewed as the process permits; all comments will be made part of the public record and given to the applicant. Only a portion of the submitted documents may have been enclosed; you are welcome to review the entire file at the Land Use Department, 13th and Spruce, Boulder. If you have any questions regarding this application, please contact the Land Use Department office at (303) 441-3930 or me via email at [email protected]. Please return responses to the above address by January 2, 2020. _____ We have reviewed the proposal and have no conflicts. _____ Letter is enclosed. Signed____________________________ PRINTED Name________________________________ Agency or Address ________________________________________________________________
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Written Statement: Ferncliff Road and Easement Vacation
2019.1L.18
This proposal is to vacate existing platted and un-used roads for the Subdivision Exemption application(condition of SE approval). The following addresses and parcels are affected:
1080 Hwy 7, 1083 HW 7 ,1087 HWY 7 , and 1108 HWY 7.
Please see EXHIBIT l for reference on new parcel boundaries per the Subdivision Exemption.
EXHIBIT 1: Revised Boundaries and Parcels per Subdivision Exemption
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Parcel l:
1.52 acre plot in Forestry zoning with existing cabin, bunkhouse, and barn. Property use is residential.
Park street was platted in the original Ferncliff plat, however actual parcel boundaries were never
conveyed to match the plat and Park Street was never constructed. Parcel has existing driveway access
at the SE corner of the property. Below is an enlarged site plan with the proposed boundaries.
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Parcel lll:
1.2 acre plot in Business zoning with two existing commercial buildings. Park street was platted in theoriginal Ferncliff plat, however actual parcel boundaries were never conveyed to match the plat andPark Street was never constructed. Parcel has existing access at the west via HWY 7 Business Rte. Park
Street right of way currently goes through part of the existing gas station building. Below is an enlargedsite plan with the proposed boundaries.
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Parcel Vl:
1.9 acre plot in Forestry zoning with existing rental cabins and motel. County Rd 149 was platted in the
original Ferncliff plat, however actual parcel boundaries were never conveyed to match the plat and this
road was never constructed. Parcel has existing access at the east via HWY 7 Business Rte. Below is an
enlarged site plan with the proposed boundaries.
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ParcelVll:
O.45 acre plot in Forestry zoning with existing duplex and single unit cabin. The property use isresidential. A secondary leg on Boynton Street was platted in the original Ferncliff plat, however actualparcel boundaries were never conveyed to match the plat and this road leg was never constructed.Furthermore, the road easement conflicts with the existing Rock Creek. Parcel has existing access at theeast via HWY 7 Business Rte. Below is an enlarged site plan with the proposed boundaries.
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Deb Gardner County Commissioner Elise Jones County Commissioner Matt Jones County Commissioner
Community Planning & Permitting Courthouse Annex • 2045 13th Street • Boulder, Colorado 80302 • Tel: 303.441.3930 Mailing Address: P.O. Box 471 • Boulder, Colorado 80306 • www.bouldercounty.org
January 27, 2020
TO: Jean (Raini) Ott, Planner; Community Planning & Permitting, Zoning Development
Review
FROM: Jennifer Severson, Principal Planner; Community Planning & Permitting,
Engineering Development Review
SUBJECT: Docket # V-19-0002: Ferncliff Vacation
Parcel #s: 119725000002, 119725000007, 119725000008, 119725004001,
19725006001, and 119725006002
The Engineering Development Review Team has reviewed the above referenced docket and has the
following comments:
1. The subject properties are adjacent to State Highway 7 Business Route (SH 7 Business Route),
a Colorado Department of Transportation (CDOT) owned and maintained right-of-way (ROW).
Legal access has been demonstrated via adjacency to this public ROW.
2. The applicant is requesting vacation of the following ROWs as platted on the Ferncliff Plat:
a. A small section of ROW platted as County Road 149 that is bordered by parcel
119725000008 (identified as Parcel VI in the application materials) to the east and SH7
Business Route is to the west.
b. The ROW platted as Park Street that bisects parcels 119725006001 (Parcel III in the
application materials) and 119725006002 (Parcel I in the application materials).
c. A small section of ROW platted as Spangler Street that is adjacent to the southeastern
boundary of parcel 119725004001 (Parcel VII in the application materials).
3. No road improvements have been constructed in the subject ROWs and the Transportation
Department has no future plans to develop the platted ROWs for which these vacations are
requested.
4. Vacation of the subject ROWs does not preclude any parcels from legal access.
5. The Engineering Development Review Team supports the vacation request as proposed with the
following recommendation: The applicant is requesting vacation of the entire ROW platted as
Spangler Street that is adjacent to Parcel VII; however, this ROW is also adjacent to parcel
119725000004 to the southeast, which is not owned by the applicant. If a vacated ROW is
adjacent to multiple parcels, the area within the vacated ROW must be allocated to all adjacent
parcels with each abutting owner acquiring that portion of the vacated roadway that is closest in
proximity to that owner’s lot. As proposed, staff supports the vacation of the eastern half only of
the ROW platted as Spangler Street that is adjacent to parcel VII. Staff recommends the
applicant coordinate with the owner of parcel 119725000004 to fully vacate the ROW platted as
Spangler Street that bisects the two parcels, with the vacated ROW being conveyed to the
abutting owners whose lots are closest to the vacated ROW.
This concludes our comments at this time.
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Public Health Environmental Health Division
Environmental Health • 3450 Broadway • Boulder, Colorado 80304 • Tel: 303.441.1564 Fax: 303.441.1468 www.BoulderCountyHealth.org • www.bouldercounty.org
December 20, 2019
TO: Staff Planner, Land Use Department
FROM: Jessica Epstein, Environmental Health Specialist
SUBJECT: V-19-0002: Ferncliff Vacation project
OWNER: Kovls and Tarpill
PARCEL NUMBERS: 119725000002, 119725000007, 119725000008, 119725004001,
119725006001, 119725006002
SEC-TOWN-RANGE: 25 -3N -73
The Boulder County Public Health (BCPH) – Environmental Health division has reviewed the
submittals for the above referenced docket and has the following comments.
OWTS:
1. To be considered during vacation process: Each buildable lot must have room for an
approved onsite wastewater system (OWTS) unless it has an easement for a neighboring lot.
The current parcels and their OWTS statuses are listed below. If a parcel with an approved
OWTS is being divided, septicsmart.org can be used to find the final installation drawing of
the OWTS. Any approved OWTS should stay with its parcel if it is to be used in the future.
An easement should be granted to access the OWTS if it ends up on a different parcel and
owner wants to continue using it.
2. All properties will require approved OWTS sufficient for the proposed uses. To permit an
OWTS, the owner or their agent (e.g., contractor) must apply for an OWTS permit from
Boulder County Public Health. Boulder County Public Health must conduct an onsite
investigation and review soil conditions and any design plans and specifications prior to
OWTS permit issuance. The OWTS absorption field must be located a minimum distance
of 100' from all wells, 25' from waterlines, 50' from waterways and 10' from property
lines. Setbacks between all buildings and the OWTS serving this property and OWTS
serving neighboring properties, must be in accordance with the Boulder County OWTS
Regulations, Table 7-1.
3. 119725000002: no approved OWTS
4. 119725000007: no approved OWTS
5. 119725006002: no approved OWTS
6. 119725000008: there are 5 approved OWTS permits on record for this site. There is a permit
for an OWTS serving a laundromat approved on 4/30/63. There is a permit for an OWTS
serving 4 cabins approved on 7/1/64. The cabins have a total of 6 bedrooms and are served by
separate tanks and fields. There is a permit for an OWTS serving 2 cabins with 2 bedrooms
total approved on 6/1/64. There is a permit for an OWTS serving a store/apartment and a
cabin approved on 6/1/64.There is a permit for an OWTS serving a 2-bedroom cabin
approved on 11/9/72.
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7. 119725004001: there are 2 approved OWTS permits on record for this site. There is a permit
for an OWTS serving a 4-bedroom house approved on 11/14/72. There is a permit for an
OWTS serving a 1-bedroom house approved on 8/30/60.
8. 119725006001: there are 2 approved OWTS permits on record for this site. There is a permit
for an OWTS serving a store and laundromat approved on 9/15/77. There is a minor repair
permit for the connection of another building to the existing OWTS approved on 4/24/89.
Property Transfer Regulation:
1. The properties are going to be sold before the building projects commence. The Property
Transfer Regulation has been in place since September of 2008. A Property Transfer
Certificate of Operation or a Conditional Property Transfer Certificate must be issued by
BCPH before the sale of the property for EACH property involved.
2. For the properties without an approved OWTS, a Conditional Property Transfer Certificate is
required. An Agreement to Repair is required for each of those certificates. The buyer must
sign a notarized agreement to repair each OWTS within a year of purchase. They must also
apply for the Conditional Property Transfer Certificate. The buyer’s agreement form can be
found here: https://assets.bouldercounty.org/wp-content/uploads/2018/05/repair-agreement-
form.pdf
3. For each property with an approved OWTS, a Property Transfer certificate is required. A
property transfer inspection must take place and any needed repairs made to receive the
certificate. If the buyer intends on building new OWTS on those lots and abandoning the old
OWTS, Conditional Property Transfer certificates can be issued.
4. For more information go to:
https://www.bouldercounty.org/environment/water/septicsmart/property-transfer/
This concludes comments from the Public Health – Environmental Health division at this time. For
additional information on the OWTS application process and regulations, refer to the following
website: www.SepticSmart.org. If you have additional questions about OWTS, please do not
hesitate to contact Jessica Epstein at (303) 441-1138.
Cc: OWTS file, owner, Land Use Department
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Deb Gardner County Commissioner Elise Jones County Commissioner Matt Jones County Commissioner
Land Use Courthouse Annex • 2045 13th Street • Boulder, Colorado 80302 • Tel: 303.441.3930 Mailing Address: P.O. Box 471 • Boulder, Colorado 80306 • www.bouldercounty.org
MEMO TO: Referral Agencies, FPD and Adjacent Property Owners FROM: Jean (Raini) Ott, AICP, CFM, Planner II
DATE: December 17, 2019 RE: Docket V-19-0002
Docket V-19-0002: Ferncliff Vacation Request: Request to vacate the entirety of the Park Street platted right-of-way,
the portion of right-of-way for County Road 149 contained within parcel #119725000008, and the portion of the Boynton Street platted right-of-way adjacent to parcel #119725004001.
Location: Parcel #s 119725000002, 119725000007, 119725000008, 119725004001, 119725006001, 119725006002, on the east and west sides of State Highway 7 Business Route, approximately 0.5 mile northwest from its southern intersection with State Highway 7, Section 25, Township 3N, Range 73W.
Zoning: Forestry (F) Zoning District Applicant: Danielle Lynn Owners: Donald R. and Eileen L. Kvols, c/o Kenneth K. Kvols
A Vacation (V) may be requested in order for public rights of way to be conveyed to adjacent property owners. The Vacation process includes a public hearing before the Planning Commission and Board of County Commissioners. All adjacent property owners and holders of liens, mortgages, easements or other rights in the subject property are notified of these hearings. The Land Use staff, Planning Commission, and County Commissioners value comments from individuals and referral agencies. Please check the appropriate response below or send a letter. Late responses will be reviewed as the process permits; all comments will be made part of the public record and given to the applicant. Only a portion of the submitted documents may have been enclosed; you are welcome to review the entire file at the Land Use Department, 13th and Spruce, Boulder. If you have any questions regarding this application, please contact the Land Use Department office at (303) 441-3930 or me via email at [email protected]. Please return responses to the above address by January 2, 2020. _____ We have reviewed the proposal and have no conflicts. _____ Letter is enclosed. Signed____________________________ PRINTED Name________________________________ Agency or Address ________________________________________________________________
x
John McHugh
BV & L CDs
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Longmont Conservation District
9595 Nelson Road, Box D – Longmont, Colorado 80501 – Phone (720) 378-5521 www.longmontcd.org
CONSERVATION – DEVELOPMENT – SELF GOVERNMENT
Site Review Memo
Longmont Conservation District Board John McHugh, Conservation Engineer Technician Applicant: Lynn Location: Sec 25 T3N R73W Docket No.: V-19-0002 Zoning: Forestry (F) Purpose: Request to vacate right of way Prime Farmland: not Water Quality:
Protect all water sources from contamination. Noxious Weed Control: Remove noxious weeds regularly without propagating or spreading seed. Reference www.Colorado.gov/pacific/agconservation/noxios-weed-species Soils Limitations:
Type: 2717B Reference www.websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx
Forest Land: If you wish to develop a Forest management plan contact Chad Julian [email protected] Other Comments: Summary Comments:
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Parks & Open Space 5201 St. Vrain Road • Longmont, Colorado 80503 303.678.6200 • Fax: 303.678.6177 • www.BoulderCountyOpenSpace.org
Deb Gardner County Commissioner Elise Jones County Commissioner
Matt Jones County Commissioner
TO: Raini Ott, Land Use Department
FROM: Ron West, Natural Resource Planner
DATE: December 31, 2019
SUBJECT: Docket V-19-0002, Ferncliff
Staff has reviewed the submitted materials, and has no natural resource concerns with this
proposed vacation.
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From: Fasick, JessicaTo: Danielle LynnCc: Ott, Jean; Grimm, DeniseSubject: historic review for Ferncliff Vacation requestDate: Thursday, December 19, 2019 11:51:11 AM
Hi Danielle, I hope you don’t mind but we had a last-minute opportunity to throw the Ferncliff Vacation requestbefore an HPAB subcommittee yesterday. After less than 1 minute (it took longer for me to handout the referral pack), they unanimously gave their support, and I’ve signed off on the proposal. Best,Jessica Jessica FasickPlanning TechnicianBoulder County Land Use
2045 13th Street | Boulder, CO 80302720.564.2614 | [email protected] hours: 9am-2:30pm, Mon-ThursSee the list of our Boulder County Historic Landmarks!
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