For me, her story raises the question of why? Why is there yet another committee of citizen laymen charged with something that seems better handled by professional staff?

Government-appointed citizen committees have their place, especially those like the county’s roundtable committee that was so carefully and deliberately selected to embrace all stakeholders – especially those with the most to gain or lose. Such diverse, collaborative forums help local officials learn more about the issues at hand and weigh and balance competing viewpoints. At the end of the local two-year roundtable process, while not everyone was 100 percent happy with the resulting guiding land planning recommendations, everyone agreed they could live with them.

Let’s build on that achievement by letting the pro staff take over where the laymen, logically, left off.

Read through the land use code. I think those without formal training and expertise in land use planning can agree it’s pretty technical. Even though I’m a landowner, with property at both ends of the county, I wouldn’t pretend to have the expertise necessary to update such a technical document.

So it is at this juncture, now that the community has studied the issues and spoken, we can and should get out of the way and let the county’s educated, trained and certified pros draft the new code. It’s a technical job.

I think of it like this. I own a compact car but that doesn’t mean I know how to fix it. Even if I owned a bigger car, say a Cadillac Escalade, or even a whole fleet of cars, owning more doesn’t mean I’m automatically more qualified to fix any of them.

So I would let the pro staff draft the updates then go back to the roundtable participants for feedback and edits to ensure consistency with that group’s recommendations. The revised draft would then logically be presented to the planning commission for review and referral to the county commissioners for public hearing and final approval. Those steps alone represent a lengthy process, probably at least six months, with ample opportunity for public input.

Our current land use code is a jalopy and the longer we delay repairing it, the longer we get in our own way in achieving the universally shared goals of sustainable economic development and preservation of quality of life.

With the decline in new construction due to the sorry state of the economy, it may seem to those in office that they can continue to dawdle. I would argue the reason our current code is so desperately antiquated is due to dawdling rooted in a collective, years-long lack of intestinal fortitude among elected officials driven, in part, by a persistent disinformation campaign by a lobby whose minds appear closed to the possibilities of a more progressive approach to planning which, by the way, does NOT inherently mean infringing on private property rights or devaluing real estate. Heaps of research, data and case studies prove quite the contrary, actually.

Let’s get a new code in place sooner than later and put an end to the interminable and polarizing game of political hot potato. Our future is riding on it.

This year, I had the pleasure of spending a couple of days on the river with Mark Cooper. Mark played for the Broncos and Tampa Bay from 1983 through 1989, starting in Super Bowl XXI. Now, being a Kiwi lad raised on rugby and hence relatively ignorant of American sporting traditions, it never occurred to me that Mark might have been in his playing days one of those huge guys who stands in front of his quarter back and pushes other huge guys the size of Mack trucks out of the way for a living. Normally, this wouldn’t be an issue but with the river running at around 250 cfs, you can be in for a long day when your fisherman’s weight exceeds the river flow.

Fortunately Mark turned out to be such fun, in addition to a skilled fisherman and low maintenance kind of guy, that the time just flew by. Also on the boat the day this video was taken was my friend and Salida native Lee Graf. Lee has generously donated two Broncos tickets to a Land Trust of the Upper Arkansas fundraiser to be held later this year, so as way of saying Thanks, I rowed them down the river the day before the Double Haul. How Lee and Mark first became friends I have no idea, but I suspect college bars and seedy frat houses played a part.

To be sure, we had a great day. The beer was cold, and the fish were active. For some reason, there seems to be a lot of rainbowsbeing caught at the moment. On this day, we actually landed more bows than browns, which is the first time I have seen that happen. I know the Division of Wildlife have been stocking the river with a strain of rainbow resistant to whirling disease, and when these guys get a little bigger, they will be a handful on a fly rod.

And so the planning begins anew for next years Double Haul. To all those , famous, anonymous, and infamous, who helped to make this year’s event a big success, Thank You. Roll on 2010.

Who : League of Women Voters of Chaffee County

What : For the May meeting, League of Women Voters of Chaffee County Vice-president Katy James will present a program on “Clean Campaigns Colorado.” This is an effort with the goal of publicly financing campaigns for state legislators and statewide offices.

When : Monday, May 11, 12:00 noon. A business meeting will begin at 11:00 a.m.

Where : Sangre de Cristo Electric, 29780 Highway 24 North, in Buena Vista.

Event Phone : President Karen Robinson at 719-395-3396

Event Web/Email : www.lwvchaffeecounty.blogspot.com

Additional Information : The League of Women Voters, a nonpartisan political organization, encourages informed and active participation in government, works to increase understanding of major public policy issues, and influences public policy through education and advocacy. Call Marjie Gray at 395-8948 for more information about membership.

Contact Information : Jackie Powell

Contact Phone : 719-539-1826 9:00 a.m. to 5:00 p.m. Mon-Sat

Contact Email : jacpowell@bresnan.net

Letters to the editor have already been published from those who fundamentally disagree with the concept of bottled water as well as by those who object to the possibility this local project will make Nestle more profitable.. These are legitimate concerns but not strictly germane to the county’s authority over the project. The most effective testimony will be that which focuses on those parts of Nestle’s application – or any developer – over which the county has legal authority.

This isn’t just true of the Nestle proposal, but all land use planning hearings in the county or the city.  In the early days of my career as a newspaper reporter, I was assigned the land use beat in a small Colorado mountain town as well as for a newspaper in a North Carolina beach resort town.

I’ve compiled a few tips from the most effective community activist groups that I hope local community watchdogs will find helpful as they prepare comments for any land use application they want to weigh in on.

First, check out this link to a website that offers some general tips on how to prepare for public testimony. It’s not specific to land use hearings but the suggestions are equally applicable.

Then I’d offer these tips that were ingrained in the most effective land use community activist approaches:

• Know the application and stick to the matter at hand. Familiarize yourself with the proposal and evaluate for yourself the degree to which it complies with the regulations of the specific governing agency.  This means thoroughly cross-checking the application to corrresponding land use regulations and standards.

• Understand the application process and your opportunities to participate in it. Broadly speaking, some variation of these steps are involved in most government planning approval processes: Initial staff and developer meeting; developer submits formal application, planning staff review to ensure the application is complete; planning commission review (public hearing), city council or county board of commissioners review (public hearing) and building permit application ad review.

• Know the agency’s application review criteria and review process. For example, a conditional use or special land use permit has different review criteria than a zoning map amendment. Often times, applications are reviewed by other agencies.  Governmental agencies typically have their review standards and codes available for public review on a the government’s official website. Most review standards usually refer to the agency’s comprehensive plan or master plan–which is a good document to be familiar with and from which to frame your points. If you need a better understanding of the comp plan or other planning technicalities, the governmental entity’s paid professional staff can answer questions.

• Have something written to submit at a public hearing (preferably enough copies for each member of the board you are addressing), and when it is time to speak your thoughts – highlight your written comments.  Particularly when there are many folks who want to speak, time for public comment may be restricted.  If time is short, it is best to tie your most important points to established agency review standards.

• To be sure you points are not lost, be sure to be civil, professional and courteous. By the time the public hearing process begins, proposals have already been scrutinized by professional staff and referring agencies. As in any pubic discourse, it’s harder for anyone to hear your points if they are muddled by aggressive language or tone.

Jenny Davis, attorney for Chaffee County, and members of the Planning Commission acknowledged that the exclusion of public comment during the work session was “somewhat awkward” and asked for forbearance and understanding from the crowd of less than 20 people at the Salida Steam Plant. The public will have an opportunity to comment at public hearings in February before both the Planning Commission and the Board of Commissioners.

Don Reimer, Chaffee County development services director, introduced the work session, explaining that the role of the Planning Commission in this case is largely procedural. The Commission, he said, will make a recommendation to the Board of Commissioners on the basis of whether the application by Nestlé Waters meets the submittal requirements, whether the review criteria is satisfied and whether any proposed mitigation for adverse effects is adequate. He noted that the Nestlé project is complex, involving no less than six properties and 17 easements in four different zoning districts as the planned pipeline travels from the source springs north along the railroad to County Road 301 and under the Arkansas River to the proposed loading facility in Johnson Village.

Reimer went on to explain that Nestlé Waters is required to have a Special Land Use Permit because the proposed uses, which include commercial spring development, water supply pipelines and a spring water truck loading facility, are not specifically defined in the county zoning code. Nestlé must obtain a 1041 Permit from the county because the proposed project involves more than 30 acre feet annually and impacts an area designated by the Colorado Division of Wildlife as significant for wildlife. The 1041 regulations were originally authorized by the State Legislature as House Bill 1974-1041 in order to provide a means for counties to regulate areas of State interest such as transportation and water planning, viewshed protection and the promotion of the health, safety and general welfare of local citizens.

Bruce Lauerman, a hydrologist and natural resources manager for Nestlé Waters prefaced his presentation by noting that the company currently ships bottled water to Colorado from southern California, which involves considerable trucking miles, fuel consumption and cost. This project, he said, will help Nestlé to reduce its overall environmental footprint, reduce expenses and act more “regionally.”

Lauerman explained that four production wells at the springs will withdraw water from the aquifer located east of the Arkansas River at a rate of 125 gallons per minute (gpm). Water will be delivered via a buried pipeline five miles to the Johnson Village loading station where it will be transported to a bottling facility in Denver by a maximum of 25 trucks per day.

Lauerman emphasized that the rate of pumping would be minimal compared to the total combined output of the two springs, which according to Nestlé’s hydrology studies together produce, on average, 1460 1750 gallons per minute. He noted that 125 gpm equates to about 0.3 cubic feet per second (cfs), a small fraction of today’s estimated flow in the Arkansas River of 300 cfs. If approved, the application will permit Nestlé to pump 200 acre feet of water annually from the aquifer below the springs.

Because Nestlé is required to by law to augment the Arkansas River for the amount of water they would withdraw, the company is currently negotiating with the City of Aurora to obtain an equivalent amount of “transbasin” water which would be piped from the Western Slope and stored in Twin Lakes. One advantage of this scenario, according to Lauerman, is that the net amount of water in the valley remains the same. “We won’t be buying a ranch and drying it up,” he noted.

“It’s not intuitive that the best thing for a watershed is that a bottling company shows up, but Nestle is interested in protecting the resource and has demonstrated that this project is low impact and sustainable,” Lauerman asserted. He went on to detail projected benefits such as the inherent protection of the two springs and their associated surface water, the “naturalization” of the existing trout hatchery and neighboring riparian areas, the preservation of bighorn sheep habitat on Sugarloaf Mountain, a net positive tax revenue to Chaffee County, and construction wages estimated at $1.9 million which are expected to accrue in part to local contractors and workers.

Of the interest taken by local residents in the project, Lauerman said “I see that people in Chaffee County are concerned about their water, and I applaud that. I’m from Helena, Montana and we do it the same way.”

Following the presentation, Commission members engaged in a relatively cordial discussion with Lauerman, detailing their own questions about the application and anticipating issues which might be raised during upcoming public hearings. Among other comments, Commissioner Sig Jaastad asked whether Nestlé could build a bottling facility in Chaffee County and create local jobs rather than trucking the water to Denver to be bottled. Lauerman explained that “the raw material for bottled water, water, is here in Chaffee County, but all other materials would have to come from Denver,” and that such an arrangement would be impractical.

This was the first of several planned meetings. A second work session for the Planning Commission will be held at the Fairgrounds on February 5 to introduce the findings of consultants retained by the County as part of a more technical conversation about the proposed project. A public hearing before the Planning Commission is scheduled at the Steam Plant on February 11. The County Board of Commissioners will meet for a work session on February 20 at the Buena Vista Community Center and again for a public hearing on February 26 at the Steam Plant. Public comment will be accepted at the public hearings, but not at work sessions.

For more on this issue, including external links, see our crib sheet.

Most people believe that one can subdivide to two-acre lots anywhere in the County.  Did you know that, based on our current regulations, existing agricultural lands and recreational lands can be subdivided to a minimum of five-acre lots if they are used agriculturally?

The Citizens’ Recommendation on Density in a Nutshell

Among other recommendations, the citizens land use roundtable recommended that those lands that can now be subdivided down to five-acre lots will be able get down to two-acre lots if the lots are clustered (see below).  This is actually an “upzoning” and gives property owners additional development options than what now exists.

Some History

The people of Chaffee County should be aware and be proud that a diverse team of citizens came together to form some great recommendations to guide the update of the land use policy. (This was not a flippant attempt of any one special interest group.)  This was years’ worth of true collaboration that sometimes got pretty testy. The Citizens Land Use Roundtable hashed out solutions that attempt to truly retain Chaffee County’s character and historical roots, while encouraging economic viability.

What is Clustering?

Clustering means placing homes and buildings closer together to allow more open space on the periphery that connects to public lands, existing trail networks, sensitive lands, or adjacent to and useful to productive agricultural land. Clustering  encourages good design, but it can help to reduce utility and roads costs for the developer and in the long run it increases economic viability for a community. A disadvantage of clustering, some say, is that the “design” portion of the development will actually take some thought, which boils down to the perception that “thinking means time and time means money”. All of the members of the roundtable  agreed that good design is important for the long-term viability of the County. The incoming Board of Commissioners have expressed their commitment to  good design and to create incentives accordingly.

Clustering in rural area

Did You Know?

The existing land use code is inconsistent, difficult to use, creates headaches and unnecessary time for developers and County officials, wastes too much paper, does not implement the visions expressed by the Citizens of Chaffee County, and… (Ask County staff for more complaints!)

How You Can Get Involved

There are several ways you can get involved:

• Come to Planning Commission meetings
• Contribute to updating the land use code (subcommittee?)
• get on the land use update email list

The Board of County Commissioners will be selecting new members for the County’s Planning Commission during the week of January 19th.  Then we all can embark on updating the existing, badly-outdated Land Use Code.

Call Planner Kim Antonucci at 719-530-5567 for more information.

Letters will be accepted until 5:00 p.m. on Friday, December 22, 2008 in the Commissioner’s Office, 104 Crestone Ave., Salida, or mailed to P.O. Box 699, Salida, CO. 81201. You may also e-mail letters of interest to pturner@chaffeecounty.org. For further information please call (719) 539-2218

The Chaffee County Heritage Area Management Plan – Draft – October 2008 is released.

This is a detailed review of the Chaffee County Heritage Area, how it has been developed and how it will be managed. The 191 page report describes the Heritage Area and includes much interesting background about county history and the people that made Chaffee County what it is today.

From the report – Purpose of the Chaffee County Heritage Area and Collegiate Peaks Scenic Byway

The Chaffee County community has long recognized the value of this distinct natural environment and the unique cultural, historical and recreational resources that it has spawned. To protect and preserve these resources, to promote economic development, and to provide educational opportunities, the community established the Chaffee County Heritage Area in 2004. The establishment of the Heritage Area grew out of a growing consensus among county residents, governmental agencies, and local businesses that those heritage resources that define the county’s sense of community should be protected by creative and sensible solutions to retain and attract residents, appropriate businesses, and tourism.

This designation of Chaffee County as a Heritage Area is by resolution (Resolution No. 2004-45), officially established by the Chaffee County Commissioners with a defined boundary that coincides with the official county boundary (Figure 1, page 4). To guide development and management of the Heritage Area, the County Commissioners established the Chaffee County Heritage Area Advisory Board (CCHAAB) at the same time.

The CCHAAB consists of seven to nine members appointed by the Commissioners “to provide assistance on matters associated with planning and implementation of the Heritage Area program.” Members must be full-time residents and are selected by geographical diversity. At the direction of the County Commissioners, the program is administered and coordinated by the Greater Arkansas River Nature Association (GARNA), a local non-profi t 501-c (3) cooperating association.

Soon after its creation the Board recognized the value of having the county’s major highways designated as a Colorado Scenic and Historic Byway, and using that designation to energize and catalyze protection and preservation of the heritage resources of the Heritage Area, i.e., the whole county. Establishing a byway was given the highest priority, and in 2005, through the Board’s efforts and with community support, the Collegiate Peaks Historic and Scenic Byway was formally established.

The Chaffee County Heritage Area Management Plan will:

• Guide decision-making by the Chaffee County Heritage Area Advisory Board (CCHAAB) in the management and promotion of the Chaffee County Heritage Area and the Collegiate Peaks Byway;
• Provide a vision and goals for the Heritage Area and Byway’s future, an inventory of its intrinsic qualities, and identification of ‘key findings’ related to the unique character of Chaffee County;
• Recommend a set of strategies and actions, and present a phased implementation plan.

Download and read the complete report from the GARNA website.