Landowners protest subdivision plan

By JoAn Bjarko
North Forty News

Unhappy Cherokee Meadows residents have vowed to monitor the review of a proposed subdivision they say will set a precedent for smaller parcels in their area north of Livermore.

About 40 people turned out for a hearing before the Larimer County Commissioners on Jan. 17 just on the subject of what land division process Fort Collins resident John Hanna could use to split a 57-acre parcel. Much of the area is divided into 35-acre parcels--the size state law allows without any subdivision review. That acreage is small enough, several speakers contended.

"There are places where we still have the opportunity to maintain open space," resident Heather Knight told the commissioners. "Many of us have made huge commitments to conservation" by consolidating land rather than subdividing it.

The issue largely rests on the technical details of the county's land-use code. Many of the neighboring property owners said the requirement to use the conservation development process should be enforced, but Hanna wants to follow a different set of regulations. In the end, the commissioners agreed with Hanna on the condition he places a deed restriction on the land so that it could not be split beyond the 42-acre and 15-acre parcels he wants. The area's O-Open zoning allows parcels as small as 10 acres, which means Hanna could legally put up to five homes on the property through either subdivision process.

Hanna said later that he and his wife, who has polio, believe they can maintain the 15-acre parcel where they want to build, and they plan to sell the 42-acre parcel.

Before the commissioners unanimously approved Hanna's request, Commissioner Kathay Rennels said a conservation development could result in what the neighbors don't want. "We have an opportunity of a gift with a deed restriction," she said.

"Two additional lots are more compatible than five," added Commissioner Karen Wagner.

Many residents were concerned that the decision would circumvent the planning commission, but county planner Rob Helmick said they will have four formal opportunities to comment on the proposed subdivision. Hanna is required to call a neighborhood meeting and then respond to any concerns. Area residents will receive notice of his subdivision application, and both the planning commission and county commission will hold hearings.

Helmick told the group the two subdivision options are essentially identical, except that conservation developments require homes to be clustered so that there is more contiguous undeveloped land.

"If people want 35-acre zoning, they can propose it to the county," Helmick said, "otherwise O-Open is 10 acres."

Larimer County does not have zoning established for the larger parcels Livermore area residents want to protect.

County planning director Larry Timm explained later that the county could create 35-acre zoning. First, he said, a group of contiguous property owners would have to agree among themselves that they wanted the change. Then they could petition the county to change the zoning from O-Open to some newly defined zoning with a minimum lot size of 35 acres.

"If it's property-owner initiated, I don't think it would be a great issue," Timm said.