Finality of rezoning of Bair Chase development south of Glenwood Springs in doubt

Opponent questions adequacy of public notification

Dennis Webb
Glenwood Springs, CO Colorado
November 13, 2007

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Questions are arising over whether an April decision by Garfield County commissioners to rezone the former Bair Chase property to allow a dense housing development was the final word on the subject.

County commissioners are scheduled this morning to decide whether to authorize commission Chairman John Martin to sign the resolution authorizing the earlier action.

At issue is whether that might present an opportunity for opponents of the rezoning to get commissioners to reconsider.

Also, one of those opponents, Glenwood Springs attorney Calvin Lee, is questioning whether the public and neighbors received proper notification before the April action was taken. If that didn't occur, the rezoning is void.

The former Bair Chase property consists of 282 acres located near the Cattle Creek turnoff between Glenwood Springs and Carbondale.

Sanders Ranch, a previous proposal for the property, had called for 500 homes, 700,000 square feet of commercial development and a golf course. More recently, as Bair Chase, it was to have been a golf course community consisting of 230 homes.

The property ended up being bought by the lending bank in foreclosure before WestPac Investments LLC and Related Companies teamed up to buy it for $18.5 million. They are now hoping to build 979 homes on the property, noting that the new zoning allows them to build even more.

Said Lee, "I'd say 979 units is way out of character with the neighborhood."

Commissioners voted in favor of the new zoning during an April meeting in which they also revoked the existing planned unit development for the property. The move drew little immediate attention, and Lee believes the problem is that people had a hard time knowing what was to be considered.

Lee said the legal notices that were provided to neighbors of the development and published in the Post Independent spelled out actions that commissioners might take because the PUD was lapsing, but didn't indicate that they would change the underlying zoning.

Jim Lochhead, an attorney representing the new development, which is to be called Cattle Creek Crossing, views the matter differently. He said that in revoking the PUD, commissioners had to establish new zoning, "so it's kind of part of the same action."

Said Commissioner Trési Houpt, "We had to do something about the zoning; that's why it was taken care of at that hearing."

Lee said he raised the notification issue with the county attorney's office last week. Martin said he wasn't aware of the concern but it's something the county could look at.

Meanwhile, it's unclear whether today's consideration of the rezoning resolution offers commissioners another chance to reconsider the rezoning itself.

Commissioner Trési Houpt and county attorney Don DeFord both said it's unclear whether commissioners have the ability to reconsider a previous vote when it comes time to authorize signing of the accompanying resolution. They said it's not a question they've seen raised before.

DeFord said he's always taken the position that the decision in such circumstances is made at the time of the zoning vote, and authorizing the resolution is simply an administrative action to confirm the previous action. But he said it's a question he could look into further if commissioners want.

Martin and Houpt said commissioners agreed to the rezoning out of a desire to meet a dire need in the county for more housing.

"I don't disagree with people that that came up pretty unexpectedly," said Houpt. "I do agree with the zoning we put in place because I'd rather see houses than big boxes out there. But I could see how people would feel confused about how that discussion occurred because it really came up with the revocation of the PUD."

Commissioners are scheduled to consider the zoning resolution sometime between 8 and 10 a.m. today. They meet at 108 Eighth St., Glenwood Springs.

As things stand, the resolution is part of the commissioners' consent agenda, which is reserved for routine items not requiring separate discussion. However, Martin said it could be considered separately if commissioners wanted.



Contact Dennis Webb: 384-9119

dwebb@postindependent.com



Post Independent, Glenwood Springs Colorado CO