Smart Growth Hall Of Fame 2001
Ten Examples Of Good Planning Decisions In Colorado

D. Larimer County's Rural Land Use Process: Swift Ponds RLUP and the Douglas Farms Exemption

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History: The Larimer County Commissioners formally adopted the Rural Land Use Process in 1996. The intent of the process is to provide an alternative to the division of land into 35-acre parcels and to assist landowners that wish to develop their property while maintaining most of their land in agriculture and as open space. As part of Larimer County's Planning and Building Services Division, the Rural Land Use Center works with landowners-mostly farmers and ranchers-to find creative ways to preserve a large portion of their land while also profiting from carefully planned limited development. Landowners with more than 70 acres of land and who are willing to reserve at least two-thirds of the total land for preservation of private agriculture, wildlife, and/or open space are eligible for the Process and its flexible guidelines of development. In exchange for preserving large parts of the land, the Process is generally simpler and faster than the traditional subdivision process, and allows for varying densities, clustering, and bonus densities. The preserved land is maintained through conservation easements or protective covenants for a minimum of 40 years. Two recent Rural Land Use Center projects are highlighted: The Swift Ponds RLUP and the Douglas Farm Exemption. Both demonstrate the creative work of the Rural Land Use Center and the dedication of the landowners to the preservation of Open Space.
Swift Ponds RLUP
Swift Ponds development plan (courtesy of the Larimer Rural Land Use Center

History of the land: The Swift property encompasses 240 acres of mixed cropland, wetlands, and ponds. Rolling grasses and cottonwoods surround the 60 acres of ponds in this "rural oasis amid the hustle and bustle of the Front Range". The Swift Family uses the land to host approximately 5,000 people a year including groups like Boy Scout troops, at-risk youth, and the physically challenged to fish in the ponds. Surrounded by a mining operation, Interstate 25, Fort Collins, Windsor and Loveland, the land is under extreme pressure to be developed. The Swift property could be divided into six 35-acre exemptions without County regulations or developed into 26 single-family sites (located on the 60 acres of irrigated cropland) through the sub-division process. If annexed into the nearby Town of Windsor, many more residential lots at urban densities were likely.

Elements of Good Planning:
The Swift family worked with the Rural Land Use Center to find a way to preserve a majority of the land while also gaining some of the benefits of its development value. Through the Process, the 240 acres was divided up into 12 single-family home sites with approximately 213 acres being protected by a conservation easement in perpetuity overseen by the Legacy Land Trust. The Rural Land Use Process encourages clustering of homes away from areas of environmental and agricultural importance. As an incentive for using the Process and clustering, landowners are allowed more housing units than would be permitted under the standard 35-acre rule. The clustering of 12 homes results in a 100% "density-bonus".

The "icing on the cake" of this smart growth decision is that the Swift family only hopes to develop one of the 12 sites. Over time, the Swifts hope to "extinguish" the remaining 11 sites by placing them under perpetual conservation easements, again to be held by the Legacy Land Trust. The Swifts plan to donate the protected property to CSU contingent on the University raising $750,000 endowment for the long-term operation and maintenance of the ponds. The university would use the 12 ponds for fishery research. The one home site will be developed with a house for the property caretaker, probably from Colorado State University.

Involved Parties: Louis Swift and Betty Lou Carpenter and the Larimer County Rural Land Use Center represented by Jim Reidhead and staff.

Location: In Larimer County, approximately 1.5 miles north of State Highway 392 on County Road 5 and approximately one mile south of County Road 38 on County Road 5.

Status: CSU has raised approximately $200,000 for the endowment. The Swifts plan to contribute the development rights for each home site to the Legacy Land Trust at a rate of approximately one site per year. Plans for the caretaker's home have not yet been developed.


Douglas Farm Exemption

History of the Land: The 109.1 acres of agricultural land was originally purchased by a California development organization, Hillside Commercial Group, which proposed a 201 home residential development as allowed by the land's underlying zoning. After much neighborhood opposition, based on the contention that the proposal was inconsistent with the rural character of the area, the developer sold the land to Steve and Ken DeLine.

The two brothers live nearby and were concerned with the future development of the land and its impact on the surrounding area. Upon learning about the nature and extent of the original development proposal, they decided to pursue purchasing the property-if a suitable alternative development plan could be devised. The DeLines wanted to keep most of the property in its current agricultural use, but they also had a need for a minimum financial return to justify their risk and efforts. They contacted the Rural Land Use Center to help create a feasible conservation-oriented development plan for the land.

Elements of Good Planning: Using the exemption option allowed by a current state statute, and basing the design on principles of the Rural Land Use Process, eleven homes will be generally clustered on 38.53 acres in the northern part of the property. The remaining 70.57 acres will be protected from further development by a conservation easement in perpetuity held by the Legacy Land Trust. This specific development shows good planning through a collaboration of interested parties. County Commissioners, the DeLine brothers, and neighboring residents all played a part in preserving a large chunk of open space and the rural character of the area. The County Commissioners played a critical role in making this development feasible for the property owners. The Commissioners granted the DeLine brothers an exemption to the subdivision process, allowing the project to be brought quickly to the Public Hearing in front of the Commissioners. Additionally, with the clear understanding that neighboring residents did not wish to have a portion of County Road 13 paved-especially if paving would jeopardize the project-the Commissioners waived a requirement that the DeLines pay for this improvement to the road.

Involved Parties: Steve and Ken DeLine, Larimer County Rural Land Use Center (Jim Reidhead and staff), and the Larimer County Board of Commissioners.

Location: 109.1 acres a half mile north of Larimer County Road 54 and west of County Road 13.

Status: Project was approved in July 2001. Construction is scheduled for April 2002. The DeLine brothers will finalize the conservation easement with the Legacy Land Trust (formerly known as the Larimer Land Trust) after the first of the year 2002.

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