since 1/1/2009 (13+ months)

VICTORY!

SSBR & Stagecoach Lot Owners Squash MCWD’s Plan to Limit Sewer Vaults!

… Morrison Creek Water District made it clear property values would drop to near $1000 under the proposed plan, but that property values weren’t their responsibility. They also responded to SSBR’s letter to the County Commissioners in a power point presentation. They agreed to SSBR’s assertion that MCWD is unwilling to construct the necessary infrastructure for development. MCWD argued that in order to achieve development for all of Stagecoach, MCWD would end up in Bankruptcy again. MCWD also believes they cannot legally develop some subdivisions and not others.

There was an endless line of lot owners speaking against the proposal, how it would effect their property values, their ability to get sewer, and water, to their homes, and to the jaded process of approval by SPOA and MCWD. Suggestions were made to address the vault issues, such as allowing lot owners to aggregate parcels to achieve the 5 acres necessary for an individual leechfield-but allowing those parcels to not be contiguous. SSBR’s cap and trade recommendation, to allow permits to be transferred once a property owner has installed central sewer, was well-received, and even MCWD felt it was worthy of studying the possibility. Another suggestion was to create a local improvement district(LID) to fund infrastructure in Stagecoach. MCWD felt strongly that it would not happen because 76% of property owners would have to sign a petition to get it approved.

The County Commissioners made it clear to everyone in the room that if Stagecoach were developed today, it would have been done differently. The commissioners also wanted to make sure lot owners understood there is no “right” to a sewer vault in Stagecoach, and that many will never have access to sewer and water.

One of the most legitimate concerns made by the Commissioners was that many lot owners will be paying fees to MCWD and will never receive service. They felt this will be taxation without representation, and that lot owners may begin to petition to get out from under MCWD.

After 3 hours of debate, the Board of County Commissioners ultimately voted no to the MCWD’s proposed 2nd amendment.

If you own undeveloped land in Stagecoach, you’ll want to read the statement in its entirety.  Here it is:

Tell Routt County Commissioners: Oppose Stagecoach Sewer Vault Plan!

The Issue

On Tuesday, November 17^th, the Routt County Commissioners will vote on whether to support a plan by the Morrison Creek Water and Sanitation District (MCWD) to limit access to sewer vault permits in the Stagecoach development, and allow no more than 30 permits for roughly 1500 platted lots in Stagecoach. The current regulations allow 600 permits.

SSBR Concerns with the proposal

SSBR is concerned that if the policy is implemented, a reduction in property values in Stagecoach could immediately ensue.

A reduction of sewer vault permits to 30, when it had been 600, will result in a property devaluation. We believe a property with a vault permit will be more valuable than one without a permit, all things equal.

SSBR is also concerned that the MCWD has been unwilling to construct water and sewer infrastructure necessary for development.

MCWD’s unwillingness to construct water and sewer infrastructure necessary for development is contrary to its responsibilities under the Special District Act. MCWD appears to have adequate capacity, no environmental emergencies, and is debt-free with reserves, so it could finance water and sewer extensions in the development.

SSBR Recommendations

• Postpone consideration of the Proposal until the Stagecoach Community Plan Update has been completed and adopted as a component of the County’s Master Plan

• Adopt a “cap and trade” program for vault permits

A “cap and trade” program would allow MCWD to cap the total number of vaults that will be allowed at Stagecoach, but allow permits to be transferred to another property owner in an area that sewer has not yet reached.

• Undertake expansion of Infrastructure

MCWD should adjust its policies and update its capital budget, seek appropriate financial support where available, and renew its effort to provide water and sewer.

• Allow for variances and exceptions

MCWD should allow for variances or exceptions to the restriction on Vaults to preserve the opportunity from property owners to install a vault in circumstances where there are no other feasible solutions for developing a property.

TAKE ACTION!

WE NEED A FULL ROOM AT THE COUNTY COMMISSIONERS MEETING AT THE HISTORIC COURTHOUSE ON TUESDAY, NOVEMBER 17^th at 5:30 PM. Please attend the meeting. Ask your clients to attend this meeting!

This is our final chance to change the policy and protect property values in Stagecoach!

Morrison Creek Water and Sanitation District recently approved a proposal to limit the amount of sewer vault permits in Stagecoach from 600 to 30.

The Routt Co Commissioners first have to vote on the approval before it goes into effect.   There will be a public meeting this fall  for public comment before the vote.

The vaults only apply to real estate parcels of less than 5 acres.  Anyone who owns more than 5 acres can install a septic field and well when they build.

Of the roughly 2000 lots in Stagecoach, about 1500 of them are less than five acres.  The vaults have become a real problem for Morrison Creek Water’s treatment plant, and pumping them regularly is expensive.

The last 30 permits will be available until they are gone.

What’s that going to do to sales and resales in the back of Stagecoach?  There are currently 213 land listings in Stagecoach.   With seven land sales in 2009, it averages out to less than one sale a month.

Stay tuned….

• Tap fees are back down to $10,000.
• Vault permits are approx. $13,500.

Also, they have revised the Lot Owner Agreement documents that need to be completed by Stagecoach buyers about Vaults (i.e. “Sealed Sanitary Systems”) and Unimproved Roads.

Read the 2008 Stagecoach Lot Owner Agreement here.

The “Sealed Sanitary Systems”–Vaults–may only be used for “Limited Use Occupancy”.  There is no definition of “limited use occupancy”, so you probably want to make some phone calls, including one to Morrison Creek Water, before you think about installing one.

Most of the building lots in Stagecoach, Colorado are less than 5 acres.  But if you want to install a septic system, you need five acres of land.  So what’s a landowner who wants to build a home supposed to do if they have a single lot smaller than 5 acres?

There are two choices.

The first is to purchase land (either as a single parcel or combine the purchase of several lots) which will total five acres. This choice can be difficult because there are over 1400 separate landowners in Stagecoach who live all over the world.

The other choice is to get a vault, which Stagecoach permits as an alternative to a septic field.  The vault is then pumped regularly (which can be expensive) until public utilities go through the area.

You can build anywhere in Stagecoach, Colorado, but there are a few things that need to be done before you get a building permit.

1. The roads must be up to grade before you can get a vault permit. Roads must be 16′ wide by 8′ deep and have culverts where applicable (specs are the same as the Oak Creek Fire Dept. specifications). If the road to your lot isn’t up to grade, you can pay for the improvements and possibly see a refund as more people build.

2. Sewer and Water Update–If your lot is not on the public water system, you’ll need a well and sewer vault. Vault fees (including the Vault Impact Fee, Lot Owner Agreements and Well applications) totaled $4666 as of March, 2008. Each Stagecoach neighborhood allows a certain number of vaults. The homeowner agrees that if the public sewer line comes within 100 feet of their property, they will tap into the public system.

***The tap fees for water and sewer and fees for vaults increased significantly in January 2009.  Click here to read about rate increases.

3. Moratorium on Vaults–Morrison Creek Water is talking about a moratorium on vaults. That means they would stop issuing vault permits. Of course, it is all just talk right now, but the current system where homeowners pump out their vaults and transport the waste to the sewer plant is getting to be a burden on the system.

4. Developments in line for public utilities–Morningside will be first. Their Master Plan is okay’d and they only have 8 vault permits left, but no funding is in place to actually do the work.  South Shore and Horseback could be after that.

5. Developments where there is water, sewer, and electric to the lot line: Meadowgreen, Neighborhoods at Youngs Peak, Coyote Run.