“It is the intent of the Developer to construct the non-residential and residential components of the Development in either a single phase or multiple phases, AS DETERMINED BY THE DEVELOPER, based on land development strategies and market demands.”  This means the developer can build what they want, when they want, in any order they want.  The developer can also sell the property to another developer with the vested commercial development rights.

What the developer does guarantee is building 200,000 square feet of non-residential commercial space, and 50 housing units, once a commercial building is constructed.  The Development Agreement states in Section 6.2:

“Developer agrees that once construction of a building in the non-residential component of the Development commences, such construction shall include all of the Minimum Private Improvements*.”   The Minimum Private Improvements is 200,000 square feet of commercial/retail space and 50 housing units.  

During Trustee hearings reviewing ERS, the town financial consultant Arne Ray stated the town could protect itself by requiring a phasing plan in the agreement.  However, there is no phasing plan, it is solely the developer’s decision what gets built and when it gets built. 

The Development Agreement calls for $30 million dollars of “off-site” infrastructure costs that the developer will pay and go towards Eagle infrastructure improvements outside the ERS Development.  The catch is the improvements needed to the existing Eagle infrastructure (water and sewer lines, etc.) are estimated to be approximately $2.6 million.  Thus, a majority of the “off-site” improvements to the town infrastructure are needed to service the Eagle River Station Development.

The developer has stated that once the entire development is completed, and the commercial and retail space is 95% occupied, the town would receive $2.5 million annually (until the bonds are paid off) in revenue.  These estimates were based on market conditions in 2005-2007 and assumed that consumers would spend 40% of their discretionary/non-essential income on local retail purchases.  Since then the economy has drastically changed and the developer has not provided new market estimates. 

According to Town Trustees Scot Hunn and Yuri Kostick, the development is in conflict with the 1996 Eagle Area Community Plan, the Eagle Open Lands Conservation Plan and the town’s Land Use Regulations, all documents that are used as a guideline for future development of the town.  During final deliberations, Trustee Hunn presented a presentation citing his reservations about the development including:

1. ERS creates a new main street and a fifth commercial district for the town located up to two miles from the town’s core.

2. The development is not designed to reduce visual and environmental impacts and is not designed to be innovative or energy efficient in it’s layout and building design.

3. The development is not reflective of small town development patterns or Town of Eagle local character, and is more reflective in size and scope of a typical suburban sprawl-like lifestyle mall development found in major metropolitan areas.

4. The development does not break down the mass of “big box” structures or mitigate views from I-70 to critical “gateway” areas such as irrigated pastures and the Eagle River Corridor. 

5. The development uses land inefficiently, is costly to the taxpayer and does not go far enough to preserve or integrate critical open space at the gateway to the town.

On January 5th the residents of Eagle will decide if they want a development that will change the small town character of the town forever, for better or worse.  Ask yourself if the Eagle River Station is the kind of growth and development you want.  Does a massive big box, sprawling development with a Target and sea of parking really fit our community?

Ask yourself why you love Eagle, Colorado.

Don’t forget to vote!  To be eligible to vote on January 5th you must be registered to vote by Friday, December 4th.  If you will be out of town you must request an absentee ballot from the town clerk by December 4th and your ballot must be returned before the polls close on Election Day.  This is not an all mail ballot election and there is no early voting period.  To vote you need to vote in person on Election Day or by absentee ballot.

SMART GROWTH - NOT URBAN SPRAWL, VOTE NO ON ERS
“a local grassroots organization of caring Eagle citizens”