Larimer County
Larimer County approves private designation for roads in The Hill developments
The change removes the public designation, not the physical right-of-way; the homeowners association will continue to own and maintain the roads. Final plats must be revised, and development agreements amended at a future county hearing.
Larimer County commissioners approved changing the internal roads in The Hill and The Hill Two conservation developments from publicly dedicated to private right-of-way on Oct. 26, subject to conditions.
The change removes the public designation, not the physical right-of-way. The roads will remain owned and maintained by the homeowners association and serve the community, county staff said. Taliesin Way connects County Road 52 at the south to County Road 56 at the north. The Hill Community Association’s project description says the roads have been gated since the development began, with entry controlled by a code from its property manager. The county’s staff report says the original approval required the gated private road to remain available as secondary access to any contiguous development, a requirement this application does not change.
The original approval intended the roads to be private and gated, but the recorded documents designated them as public, contrary to county rules against gated public roads, staff said. The county’s staff report says Engineering’s support was limited to correcting a historical drafting error, not setting a precedent or policy change for future developments. “I will support the application,” Commissioner John Kefalas said, describing a publicly dedicated road that should have been private and gated at both ends.
County staff described The Hill Two as platted but unbuilt, with legal lots and no road or water infrastructure. A new developer bought the existing lots, and the county is reviewing updated construction plans; no new lots are being created, staff said. The lots could be sold after the plans are finalized and approved, with the infrastructure transferred to the homeowners association after installation, staff said.
The applicant said the association has maintained the road for 25 years and spent $500,000 repaving it in 2017. The association’s project description lists the roads as the development’s largest capital asset in its replacement reserve fund. It says annual association fees include charges for road maintenance and replacement.
A recorded resolution must change the dedication language on both developments’ final plats. An accompanying exhibit must identify the areas covered by the vacation. The development agreements for The Hill and The Hill Two must be amended at a future Larimer County Administrative Matters hearing.