LaPorte projects in limbo due to sewer uncertainty

By Cherry Sokoloski
North Forty News

To the surprise of many, future development in LaPorte may be in Fort Collins' hands. At issue is the city's sewer system, which already serves some LaPorte neighborhoods. Several proposed developments need city sewer in order to go forward, and some city planners are saying, "Whoa!"

Angry LaPorte leaders say they were counting on city sewer to serve new developments in the area, but city officials say no promises were made. In fact, there is a city policy discouraging the extension of any city utility outside the growth management area unless there's a direct benefit to the city, according to Greg Byrne, director of community planning and environmental services for Fort Collins. On the other hand, he added, the city must also consider "competing obligations" like public health concerns about septic systems.

An ad hoc committee made up of both city and county planning staff is sorting out the issue. The committee is just getting organized and will work to clarify the situation and come to a better understanding of city and county positions. Ultimately, Fort Collins' city council may have to decide whether to serve the LaPorte area with sewage treatment services.

Meanwhile, the city has put a hold on approving public sewer service for any developments outside the GMA until the matter can be resolved. An exception is a proposal by Mark Linder, who owns property at the west end of the Overland Ponds gravel mining project, just outside the GMA. Mike Smith, director of utilities for Fort Collins, said that project will be allowed to move forward because, with failing septic systems nearby, issues of public health are involved. Linder's request for sewer service could be considered by the city's planning and zoning board in June.

However, other projects that would rely on city sewer are now in limbo. One involves property located east of Kintzley Plaza. Another is on property owned by the Stegner family, at the corner of North Taft Hill Road and County Road 54G. The Stegner project is in the early stages of planning.

Caught by surprise

The recent hesitation by city staff to supply sewer service to the LaPorte area caught many by surprise. Tim O'Hara, chair of the LaPorte Area Planning and Advisory Committee, said the entire LaPorte Area Plan was based on having sewer service from the city.

"It just breaks my heart," he said. "We feel we really achieved something here." If the city decides against serving the LaPorte area, he said, "It's two and a half years of work out the window." O'Hara added that he is mystified by Fort Collins' attitude, since "they let uncontrolled urban sprawl go everywhere else."

John Stegner claims the city is trying to control land use with a utility. "What we have here is near-urban densities, with potential pollution of the river through Fort Collins," he said.

Jill Bennett, senior planner for Larimer County and the county's liaison to LAPAC, was also surprised at the city's cautious stance. "We've worked with them on a number of projects," she said, "and this has never come up before as a policy issue."

Bennett noted that a member of the city planning staff served on the committee that developed the LaPorte Area Plan. Copies of the plan were sent to both the utilities department and the advance planning department for comment, but no responses were received.

Smith said no one in his utility office remembers being asked if the city could supply sewer to LaPorte-area projects. He added, however, that he doesn't oppose extending sewer to LaPorte projects because "it's much better for the environment to treat the sewage" than to rely on septic systems.

Byrne is one who thinks the city needs to take a hard look at service outside the GMA. He said the city needs to look at LaPorte as a special case, however, since some LaPorte neighborhoods are already served by city sewer and because of the groundwater problems in the area.

"We need to see where the mutual benefits are," he said, such as improved handling of wastewater. However, he said, costs to the city must also be considered. "We need to evaluate the options," he said.

Both Smith and Byrne noted that other options available to LaPorte could include tying into the Boxelder Sanitation District to the north.

With any of the proposed LaPorte projects, the lack of city sewer would mean much lower densities, since a lot must be at least two acres in size to have a septic system. In some cases, development might not be allowed at all because the high groundwater in the area compromises septic systems. A project near Vern's Place in LaPorte, Trail's End, was recently rejected by the county planning commission because developers could not get city sewer, and septic systems were deemed unsafe in the area.

O'Hara said LAPAC favors some growth in the LaPorte area to sustain schools and businesses. City sewer would serve that development best, he said, because some properties are unsuitable for septic systems. Many septic systems in the Farview neighborhood west of the American Legion have failed, O'Hara said, leading to "raw sewage flowing down the Little Cache la Poudre ditch." O'Hara said he plans to talk to city council members about the public sewer issue before they decide on a policy for LaPorte.

Old promises

To further complicate matters, Fort Collins promised more than 30 years ago to provide sewer services to the LaPorte area. At that time, the newly formed LaPorte Water and Sanitation District planned to build sanitation facilities, but Fort Collins offered to supply service to the district instead. In the original 1970 agreement, the city agreed to supply 500 sewer taps, but that number was amended later to about 700. While there is some confusion about the various amendments to this agreement, Byrne said he believes the city is close to meeting its obligation under the old agreement.