CB council open to changing regs on utility extensions

Annexation not mandatory but public benefit should be

By Mark Reaman

Understanding that sprawl development typically might follow water and sewer utility lines, the Crested Butte town council on Monday agreed to walk carefully when considering where to extend sewer services. The town currently has three extraterritorial municipal water and sewer extension requests including for Gunnison County’s Whetstone Community Housing project, the CB Fire Protection District emergency services campus and a guest house and horse barn on Jeff Hermanson’s property on the hill overlooking town.

Town staff said that under current town code, all three were eligible for water extensions but none of the three could obtain sewer service without being annexed. Staff asked council for a direction with future policy regarding the extraterritorial extensions and annexation requirements. 

The majority of councilmembers supported staff’s suggestion that annexation not be mandatory for sewer service extensions but that “public benefits” had to come as part of the deal. The fear was that once sewer lines were installed between town and Whetstone for example, an avalanche of requests for sewer service would come from properties located near the lines.

A major planning update between Crested Butte, Gunnison County and Mt. Crested Butte is slated to start in 2026 over the Three-Mile Plan that will include a detailed utility evaluation. Citing some of the “public open space” that is part of the Academy Place project that she did not think would be used by the public, councilmember Mallika Magner suggested the town legislate detailed requirements for what would constitute real “public benefits.”

Mayor Ian Billick said that depth of detail would be too much. “What is important to me is that we learn from the mistakes made the past and not repeat them,” he said. “The answer is not to try to put it all in the town code.”

“It should be up to the council to determine the public benefit through robust discussion,” said councilmember Kent Cowherd. 

Billick said he wanted to make it clear that town did not want ad hoc growth to follow utility lines. “The general agreement from the council is to work toward comprehensive growth planning,” he said.

Community development director Troy Russ said staff will take direction of council and return with an official ordinance to consider. 

Shortly after that discussion concluded, the council agreed to give representatives of Jeff Hermanson the go ahead to investigate what it would take in terms of engineering and money to have the town provide water and sewer to two buildings located on his property above town. While the primary home on the 72-acre parcel sits within town and has town utilities, a guest house and barn are located outside town boundaries in the Trapper’s Crossing subdivision and need the extraterritorial water and sewer extension. 

Hermanson agreed to construct a trail between the old Kebler Road and the Woods Walk by Treasury Hill Road on his property as part of the deal. “The public benefit is super clear and a good one in this case,” said Cowherd. “It is a relatively small request but big public benefit with the trail connectivity.”

Hermanson attorney David Leinsdorf emphasized that another public benefit was Hermanson’s restoration of a couple of historic ranching structures in the guest house and horse barn.

Leinsdorf said no decision was being asked for at the moment but wanted a nod from the council to move slowly with a cautious yellow light to look at the situation. 

“I see no reason to not consider this,” said councilmember Gabi Prochaska. 

The rest of the council agreed with that direction. 

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