Solstice development in flux; tension between town, developer

“Things have changed”

The changing face of development on the mountain is taking a number of twists and turns. A proposed development known as Solstice, owned by Colorado Properties Limited Partnership, is located near the end of Emmons Road. For reference, part of the parcel is comprised of the parking lot located adjacent to the existing Trailhead Museum building. A PUD II (Planned Unit Development) dictates zoning on this parcel, and was first approved in 2006. Solstice also believed they were granted a five-year vesting at that time. That’s where things get confusing and lately, heated.

According to town code, “a vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a site-specific development plan, within three years of approval of such a plan, unless there is an agreement between the town and the developer for a shorter or longer duration.”
On Tuesday August 17, the Mt. Crested Butte Town Council was made aware that because the public hearings on the vesting of the site-specific development plan were not properly published or noticed, the vesting is invalid. As in, since 2006, no vesting was in place because the town didn’t notice properly in the newspaper.
“What happened Tuesday is we made the council aware of the fact there was a screw up on the notice, and this vesting never occurred,” explained Town of Mt. Crested Butte Community Development Director Bill Racek. “PUD II have a three-year lifespan, so clearly their PUD is in a suspended period between when the life of the PUD ends and the council declares it done with.” A PUD II doesn’t formally “expire” until the council makes a motion, and it can be extended even though it’s past its effective date. Thus an expired PUD II can still be extended even if it’s been in “purgatory” for an extended period of time.
“What expired is the life of a PUD II that was never built. The zoning for the lots is essentially what we’re talking about,” said Racek.
Meanwhile, the Mt. Crested Butte Planning Commission has recommended the council consider the idea of a ½ cul-de-sac at the end of Emmons Road to provide an area for cars to turn around and as a skier drop-off, while the council re-considers the Solstice PUD II. The twist? It will require negotiating with Solstice.
“It’s Solstice Partners’ property right now, but the council could either get an easement on that property and it would remain in Colorado Properties land, or they could require it becomes part of the town right away,” said Racek.
Racek was asked by the council at the August 17 meeting if there were any reasons to consider not extending the PUD II. “It ought to be apparent, that it puts us in a better position to negotiate the Emmons Road cul-de-sac.”
Mike Dawson, attorney representing the Solstice development said: “That’s extortion, flat out.” As in, making the renewal of the PUD II contingent on the town’s desire for a cul de sac isn’t palatable, or fair, to the developers, in Dawson’s opinion.
Rick Divine is a partner in the development, and didn’t like feeling pressured to consider the cul-de-sac as a condition of extending the PUD II. “The town has some liability if the proper noticing wasn’t published, that’s not our fault,” he said. “What’s right? What is the right thing to do? I’m not going to put these two things together. If you’re asking me to consider it, I’ll consider it. If you’re telling me, well…”
Mt. Crested Butte Mayor William Buck chimed in. “We’re in a situation from the town’s perspective, where there’s more to discuss here than just cleaning this up. Things have changed.”
Councilman David O’Reilly asked, “What’s the negative of extending the PUD?”
Racek repeated his answer from earlier: “It puts us in a worse position to negotiate the cul de sac at the end of Emmons Road.”
“The negative in my mind is things have changed,” said Buck. “Let’s negotiate a beneficial agreement between the two of us. There’s no crucial timing to this.”
The council agreed they needed more time and information before making a decision on extending the PUD II. They decided it would be best to have one-on-one sessions with Community Development coordinator Carlos Velado to clear up some of the confusion.
“The next step is up to the council,” Racek said. “The council needs to decide, do they want to extend it (PUD II), do they want it to end, or do they want to extend it with conditions. This is their opportunity to negotiate this extension and this car drop-off as a condition of this extension.”
The council will revisit the Solstice issue at its next meeting on September 7.