Town of Lyons Ballot Question 2B: Five-acre rule amendment

Should adding land to Lyons require citizen approval, regardless of size?

By Tyler Hickman - Oct. 8, 2024
Town-of-Lyons

Lyons residents have the ability to vote on any annexation of land parcels larger than five acres, known locally as the “five-acre rule.” In July, the Lyons Board of Trustees passed an amendment to that ordinance, specifying that any parcel of land, regardless of size, that has been subdivided from a plot larger than 20 acres, must also be put to a citizen vote prior to being added to the town.

This measure is for citizens to approve that ordinance.

What does annexation change for a property?

Annexing into the town of Lyons opens the door for development on the property. Once the land is annexed, it has access to the town’s utilities, public services and is subject to Lyons’ land use regulations, which allows for developers to build more homes per acre than they could in unincorporated Boulder County. 

How did we get here?

Lyons is in the process of negotiating a new land use Intergovernmental Agreement (IGA) with Boulder County. There are several owners with properties in north and west Lyons that have expressed interest in annexation, according to Mayor Hollie Rogin. Several of the parcels included in the IGA as prospective annexations are smaller than five acres, having been subdivided from larger parcels. At a March 11 IGA meeting, several residents raised an alarm. 

“There have been multiple accusations by people that the town board were trying to somehow circumvent the five-acre rule,” Rogin said. In response, the Lyons Board of Trustees decided to ease the feelings of distrust by putting the ordinance to a vote.

The original five-acre rule was solidified by a citizen referendum. Because of this ordinance’s history, the Lyons Board of Trustees felt that an amendment to the law should also be put to a vote of the people.

Other things to consider

  • This ordinance gives citizens a say in how and where they want their community to grow.
  • The ordinance could also result in a chilling effect on land development, according to Rogin. “It's expensive. If an owner wants to annex it, they have to essentially create a little campaign.”
  • If the measure fails, the ordinance will be repealed and the current five-acre rule will stand.
  • As of now, there are no active applications for annexation in Lyons.

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