POWERS THAT BE by Dan Powers - March, 2005

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The gloves have come off in Erie and for the first time in years, the aggression isn’t between rival factions of the town’s politicos. Last month, Erie annexed a parcel of land in the northeast corner of its planning area, angering neighboring Frederick. In the fast-developing I-25 corridor, these kinds of land grabs are common—only not by Erie. This uncharacteristic move shows Erie has an eye on its borders that’s long overdue.


On Jan. 4, the Erie Board of Trustees approved the 32.5-acre Cavalier Annexation at the southeast corner of Colo. 52 and Weld County Road 7. For now, the area is zoned as agricultural open space, but future plans include a water treatment facility. Following the property owner’s November petition requesting annexation, the Trustees implemented an emergency approval process that did not include all of the notification formalities for the surrounding communities, normally standard protocol.


Citing “an immediate preservation of public health or safety,” the Trustees officially scooped the land into Erie’s boundaries. This dubious justification was nevertheless an aggressive move by a town that has struggled with an effective growth strategy since the election of slow-growth Board majority in 2002. Over the past few years, Frederick and Erie have warily watched each other covet the same I-25 corridor land along their planning area boundaries.


Upset by the annexation, Frederick’s officials asked Erie to reconsider. Mayor Eric Doering told the Board he had problems with its “methodology and timing.” Officials claim they were “shut out” from the decision-making process and that the annexation is a hostile move.
In 2003, Frederick expanded west of I-25 into Erie’s planning area. The town annexed a 570-acre plot as a 1200-home subdivision called Wyndham Hill. The neighborhood was expected to encompass over 700 acres, part of which would have been the Cavalier property.


Frederick's former Town Administrator Steve Pauken said Erie’s annexation was inappropriate since the parcel is so far from the core of the town, and Erie would not be in a practical position to provide public services such as police and fire protection.


It was less than two years ago that Frederick crossed the interstate to claim over 500 acres, including some from Erie’s planning area. It seems inappropriate for Frederick to now be upset with Erie for claiming less than 35 acres, land that was already in Erie’s planning area to begin with. In early February, Erie’s Trustees reviewed the Frederick’s complaint and found no legal reason to reconsider the annexation.


A sense of urgency and the desire to aggressively protect its eastern edge is a step in the right direction for Erie. Development is inevitable and the first step toward managing growth is having land under legal control. Furthermore, access and visibility are as important as the land itself. Erie now has jurisdiction over the stretch of Colo. 52 Frederick hoped to get. Erie must view roads such as Hwy 52 and I-25 as veins of revenue that will sustain economic development years into the future.


Within the last five years, fees from Erie’s new homes helped upgrade water and sewer systems and pave streets. While the plans for this parcel may be less ambitious than extensive commercial development, the decision to acquire the property shows long-term thinking. In general, annexing more land now will ensure that various public services such as fire protection, open space or—dare I dream—a library in the future.


Erie also knows that neither Frederick’s Wyndham Hill nor Broomfield’s 1700-home devel-opment to the south (formerly Preble Creek, now called Anthem) will be the last major development along their border. While Intergovernmental Agreements (IGAs) within Boulder County will keep Lafayette and Longmont at bay, even those agreements have expiration dates.


When the housing boom busted in Erie a couple of years ago, town officials battled through a philosophical debate regarding appropriate growth and how to prioritize commercial and residential development. The make-up of the Board of Trustees alternated between pro-growth and slow-growth majorities. Since last spring’s election, a tentative balance has been reached, with the Cavalier Annexation as a result.


Erie did the right thing; certainly in principle, if perhaps not completely in good faith as Frederick claims. Regardless, Erie used the legal tools at their disposal to make a decision in their best interest. Even if they had employed the longer, standard annexation process, such formalities wouldn’t have changed the outcome.


Of course, a detailed IGA with Frederick and other I-25 corridor communities would reduce the bad blood that is starting to boil between neighbors. Creating one now will be challenging given the heightened sense of competition and mistrust. This situation highlights the frequent failure of neighboring communities to come to terms on growth boundaries. Without a motivated county government guiding the regional expansion of its municipalities, annexation wars, sprawl and disjointed communities are inevitable. Unfortunately for Erie, it’s “sprawl or be sprawled.” The painful reality of growth in Weld County is that when it comes to land with commercial potential, it’s better to have your own sprawl earning sales tax than to lose your residents’ dollars to neighboring towns’ businesses.


This small annexation sent a big message to Erie’s own citizens as well as the region at large. As of 2005, a forward-thinking and appropriately competitive model is at work in a town that is experiencing rampant suburban growth. Erie officials should continue to pursue the town’s ultimate edge at build-out, and use the energy previously spent on internal debates to fend off external competitors.


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