Summit County Citizens Voice

Proposed changes to the Upper Blue master plan will affect dozens of properties between Breckenridge and Hoosier Pass.

County targets seven areas for rezoning based on surrounding land uses and environmental constraints

By Bob Berwyn

SUMMIT COUNTY — The ongoing push to revise local master plans may ultimately lead to a selective rezoning of properties that were platted for development in the pre-zoning era.

The changes would affect development potential in about 30 neighborhoods currently designated as platted residential subdivisions, most of them in the Upper Blue between Breckenridge and Hoosier Pass.

County planners started to work on the changes after a court ruling invalidated the county’s authority to impose master plan restrictions that conflict with underlying zoning. Specifically at issue are about 30 subdivisions under county jurisdiction (mostly in the Upper Blue Basin) that were platted before the county adopted zoning regulations. At a Feb. 23 work session, the county commissioners specifically discussed changes to the Upper Blue Master plan.

The court case centered on a parcel in the Silver Shekel subdivision, where a property owner sought to re-subdivide a parcel by re-establishing lot lines vacated by a previous owner. The county conditionally approved the request, but required the property owner to purchase and import development rights. The court ruled that the county doesn’t have the power to do that.

As a result, the county is rewriting applicable sections of its land use regulations to clarify the relationship between master plans and zonings, especially with regard to the pre-zoning platted residential neighborhoods.

Planners looked at each of the subdivisions and gave them new land use designations deemed to fit with surrounding densities and uses. In some cases, the county may seek to rezone the parcels — but only on a case-by-case basis, as the need arises, said planning director Jim Curnutte.

The new designations are consistent with the underlying zoning and in some cases allow for limited subdivision potential, according to a planning memo prepared for a county commissioner work session.

“Do the owners freak out when that happens,” asked Commissioner Bob French, sensitive to potential takings issues associated with lowering development potential on private property. “You’re not expecting a whole rash of takings cases?” he asked.

Planners said the key is in educating property owners about desired community goals and compatibility with surrounding properties.

“It boils down to the goals of the community,” Curnutte said.

Seven subdivisions were identified for rezoning, based on existing zoning deemed to be inconsistent with master plan land use designations and desired land use character. Together with revising master plan language, the changes may have the net effect of limiting potential development to a level lower than “the theoretical maximum density allowed by zoning …” according to the planning department memo.

Additionally, planners revamped the transferrable development rights map for the Upper Blue Basin, making some significant changes to areas designated as density sending and receiving areas. In the proposed new map, properties south of Blue River are now designated as neutral, and can neither send nor receive new density. The receiving area is focused primarily on the urban core of Breckenridge and along Highway 9, close to existing development and infrastructure.

“Are there enough receiving areas to meet the goals of program? Are we at odds with our own goals of protecting the backcountry?” assistant county manager Thad Noll asked planners after the TDR discussion.

Long range planner John Roberts said the transferrable development rights are being used to offset and mitigate issues associated with other development projects, including Shock Hill and Copper Mountain’s base area development plans.

Commissioner Thomas Davidson said the county will likely start to see redevelopment of older areas in the next few decades. Transferrable development rights could be applied to some of those as-yet hypothetical plans.

“The question to the community will be, should we allow some more height … to some redevelopment projects … We need to push ourselves to say, better here, better to allow a bit more and protect the backcountry at the same time.”

The Upper Blue planning commission will take one more look at the proposed changes to the Upper Blue master plan at the upcoming Feb. 25 meeting, where they will have a chance to adopt the revisions.

Filed under: Summit County Colorado Tagged: | Breckenridge, Summit County Colorado, Summit County government, Summit County News, Summit County zoning, takings, Upper Blue Basin