1. Why is the Town reviewing this application after the voters said “no”? The applicant has the legal right to re-submit an application for annexation, and the Town has a legal obligation to consider it. Furthermore, the application is different in that the applicant proposes a Metropolitan District to provide water service with augmentation water from the Arkansas River. The previous application proposed a “cash in lieu of water” scenario.
2. What is a Metropolitan (Metro) District? Colorado statutes provide for the formation of special districts to provide two or more statutory services including water and mosquito control as proposed in the Meadows service plan. Regarding water service as proposed here, the Metropolitan District will be responsible for: (a) acquiring water to support development of the property, (b) installing, maintaining, and operating the water distribution system, and (c) billing property owners within the District for their use of water in order to cover the cost of operating the system.
3. How can the Town approve the annexation when the water is not yet secure? It is financially impractical for the applicant to spend a minimum of $1 million to secure water rights without assurances that the Town intends to annex the property. The Annexation Agreement includes a provision that the property can be “disconnected” if water is not secured to the Town’s satisfaction within 2 ½ years.
4. What is the significance of the water service plan? Approval of the water service plan is prerequisite to formalizing the Metro District. The water service plan is a description of how the applicant proposes to deliver water to the development. In this case, the developer has proposed to deliver water to the project via three mechanisms: (a) via 115+ taps it has available for connection to the Town’s water system, (b) via the proposed Metro District (to provide domestic water service to additional properties), and (c) via direct use of raw water rights (to address irrigation needs in parks, open space, and the community farm). The water service plan is subject to change as details are worked out and agreed to by all parties involved.
5. What does “conditional approval” of the Water Service Plan mean? “Conditional approval” of the water service plan means that the Town has determined, through a preliminary analysis of information provided, that the plan to provide water to the project is feasible if certain conditions are met. In order to proceed with organization of the Metro District, the developer must secure “unconditional approval” of the service plan. In order to secure “unconditional approval”, the applicant must provide more detail regarding: (a) demand for water to include all uses, (b) engineering evidence of physical availability of water, (c) evidence of the availability of augmentation water to cover depletions at the proposed well (i.e. an approved contract with UAWCD), and (d) evidence of ability to finance the system, including a reasonable plan for retiring any debt incurred.
6. How can I be sure that the proposed Metro District’s use of water will not injure my water supply and/or the Town’s water supply? One of the benefits of Western Water Law is that the Town and any other owner of water rights has the ability to participate in the legal process to ensure its supply of water will not be injured through any new decreed use of water. The Town of Buena Vista has specific rights, under Upper Arkansas Water Conservation District’s (UAWCD) most recent decree, to review any new agreement for use of its augmentation water to be sure it does not injure the Town’s water rights on Cottonwood Creek. It also has specific rights under the decree to review UAWCD accounting for its use of water. In addition, the requirement that the service plan be “unconditionally approved” by the Town before the developer can form the Metro District offers the Town an additional opportunity to ensure protection of its water supply.
7. How will water from a well on Gregg Drive be delivered to the development? The service plan calls for installation of a water line along Gregg Drive and Rodeo Road to deliver water to the Meadows development. The Town has also contemplated construction of a water line along this route. If the parties work together on this project, it could result in cost-effective achievement of a shared goal. In any case, final engineering of the well design and delivery system will be carefully scrutinized by the Town’s Water Engineer, Water Attorney, and staff to be sure there will be no harm to the Town’s water supply and delivery system. All requirements must be addressed with engineering details prior to the Town giving final, “unconditional” approval of the Water Service Plan.
8. How does augmentation water from the Arkansas River put water into a well on Gregg Drive? It does not. Augmentation water is stored in a reservoir for release by the Upper Arkansas Water Conservation District (UAWCD) to a specific river drainage in order to cover priority rights of downstream users on the Arkansas River that may be affected by depletions from a point of diversion like the proposed well on Gregg Drive. Augmentation is different from “wet water”. In addition to providing augmentation water, the developer will be required to demonstrate ability of the proposed well to deliver sufficient water to the project. The water from the well will be drawn from the Arkansas River Alluvium.
9. Is the Town’s water supply protected if the property develops outside of Town boundaries? Only to the extent that the Town has the ability to file legal “objections” to any new use of water on Cottonwood Creek. If the property develops in the County, there is the potential for 138 new 2-acre lots with 138 new wells adjacent to Cottonwood Creek. With this possibility out there, cost to the Town to do appropriate due diligence necessary to protect the Town’s water supply could be extensive if the property is not annexed. Furthermore, if all of the developer’s water rights are not needed to support the 138 wells, the possibility is great that excess water rights would be sold to Front Range, Eastern Plains, or other communities in need of more water.
10. What impact will a Metro District have on the Town?
The Metro District to provide water service is similar to the Buena Vista Sanitation District that provides sewer and waste water treatment services within the Town. The Metro District will issue water bills and collect payments from property owners within its jurisdiction. It will also have the ability to assess a mill levy to property owners within its boundaries in order to repay the bond that will be necessary to construct the water infrastructure. In conjunction with final approval of the Water Service Plan (a necessary prerequisite to formation of the Metro District) the Town will have reviewed the District plan to be sure that it does not negatively impact the Town.
11. Do we need 715 new residences in the Town? Any landowner has the right to develop his/her property and request review of an application to subdivide. So long as the proposal meets zoning and code requirements (Town or County, whichever is applicable), the respective jurisdiction is obligated to approve the request. Except as detailed in “conditions” of approval that must be met prior to approval of the preliminary plat, the Meadows proposal meets all Town approval criteria. “Need” for a project is subjective and is a minimal factor in the approval process. Town policy regarding “need” for development is generally defined in its Comprehensive Plan and zoning code, not decisions regarding individual development proposals. Annexation of property northwest of existing Town boundaries is contemplated in the Town’s Comprehensive Plan. The Meadows project is consistent with the Comprehensive Plan.
12. The downtown is half empty, why would we approve a development with new commercial property? Whether or not there is market demand for new commercial property in the Town is not a review criterion. Similarly to residential property, policy regarding the distribution of commercial properties is a function of zoning code, the Comprehensive Plan, and compatibility with surrounding land use. Development of commercial property is critical to the economic well-being of any community. To the extent that a developer considers development of commercial property profitable, a municipality would rarely be motivated to second guess the developer’s analysis. Town strategies to motivate development or redevelopment of downtown property generally aim to make it affordable and attractive for prospective developers to pursue. Such strategies do not generally include restricting commercial development elsewhere.
13. How will development of the Meadows affect traffic? According to the traffic impact analysis submitted by the developer, the project will increase traffic on the roads and at the intersection of Crossman and Highway 24. Therefore, in addition to on-site improvements, a number of off-site improvements have been identified as necessary to support the project. The Annexation and Development Agreement approved by the Trustees on November 10th requires the Developer to pay for and install these improvements. Annexation of the property gives the Town a means to pay for and maintain any future improvements. If the Meadows were to develop outside of the Town, the Town will have no means to recover the cost of improvements that will be necessary to accommodate increased traffic.
14. Why is it more desirable for the property to develop in the Town than in the County?
· A municipal water system, including a Metro District system, is less of a threat to the Town’s water supply than 138 new wells near Cottonwood Creek, the Town’s primary source of water
· New residents in the County will use the Town’s infrastructure but there would be no reliable means to cost-share improvements the Town may find it necessary to implement.
· The County does not have the Town’s level of extraction capacity for amenities such as parks, trails, and open space. Again, new residents in the county are likely to rely on use of the Town’s facilities without any reliable mechanism for cost-sharing.
· Development in the County is likely to be in the form of two-acre parcels that promote urban sprawl which is inconsistent with the Town’s Comprehensive Plan.
· If development occurs in the County, the Town will have little or no control over what goes on at its boundary.
15. What are the benefits of this project to the Town?
· The developer is committed to construct eight (8) miles of new trails.
· 110 acres of the 277-acre property will be protected in some form of open space: public parks, public trails, public open space, and a 69-acre community supported agricultural farm.
· Overall net density of the project is 2.5 dwelling units per acre of land. This is substantially less than the Town’s typical R-1 zone district which allows a net density of 6 dwelling units per acre. The project accomplishes this through careful clustering of development.
· Annexation of the project offers the Town more control over water supply for the site, including more assurances that the Town’s water supply will be protected.
· Annexation of the project also offers the Town more control over impacts of development, including acquisition of needed infrastructure and a mechanism to recover the ongoing cost of maintaining it.
16. Why can’t the property remain open space?
The property is privately owned. The landowner has the right to develop the property so long as it conforms to the zoning code. The Town’s Comprehensive Plan contemplates annexation and moderate density development in the area. In order for the property to remain open space, it would have to be purchased by a public or private entity with resources to acquire open space. If so inclined, the owner could pursue available tax incentives for removing development rights from the land. Making this type of donation hinges on the property qualifying for such an exemption.