Understanding the Chair 7 Development Plan

The current planning for the Chair 7 area raises significant concerns. Unlike previous projects, the most contentious issues here revolve around the development of commercial space and a hotel on what is currently open space. The Town will not construct these spaces. Instead, it is responsible for amending the existing Planned Unit Development (PUD).

With the rezoning and PUD amendments, the Town Council has extensive control over this process, as long as it holds the necessary public meetings. However, transparency has been lacking.

Historical Context: The Backman Village Subdivision

In 1979, the Town approved the Plat for the "Backman Village Subdivision Contract" (Reception number 212301) and the associated Agreement (Reception # 212315). A crucial legal question remains unanswered: does this 1979 agreement qualify as a "Planned Unit Development" under CRS 24-67-101, et al., which is part of the "Planned Unit Development Act" of 1972?

This question is vital. If the property is indeed protected under the PUD statute, any amendments must align with the original intent of the PUD. The requirements for such modifications are clear:

The modification, removal, or release must be consistent with the efficient development and preservation of the entire planned unit development. It should not adversely affect the enjoyment of land abutting the planned unit development or the public interest. Furthermore, it should not be granted solely to benefit any individual.

The Backman subdivision appears to meet these PUD requirements. A "Planned Unit Development" is defined as an area of land controlled by one or more landowners, developed under unified control or a unified plan for various uses, including residential, commercial, educational, recreational, or industrial.

The Chair 7 Area: A Shift in Planning

Initially, the Chair 7 area was not included in the Plat/PUD plan. However, in 1980, it was added to the subdivision/PUD. The Telski agreement from that year (Reception # 217400) stated:

Telco agrees that the portion of the annexed parcel denoted as Tract Y shall be zoned as "Open Space District" to allow all ski area uses associated with the operation of the ski mountain. This includes the placement of trails, development thereof, complete skier easement, roads, and other related uses. However, it explicitly excludes the construction of any residential, commercial, or similar structures.

The diagram below shows Tract Y added to the subdivision/PUD in 1980 and forever designated as open space in the Agreement.

The Town Council's Position

Unsurprisingly, the Town Council claims it can rezone the area, asserting that the property is not within any PUD. This allows them to bypass the stringent requirements of a PUD amendment.

The purpose of this article is not to make a legal determination about whether this subdivision or Tract Y is indeed part of a PUD. Instead, it highlights the Town's interpretation, which seems to favor their interests. This interpretation provides them an easier path to approval without facing oversight or stringent legal standards.

Ultimately, the Town may be right or wrong in their legal conclusion. However, unless someone is willing to invest significant resources to challenge this interpretation, the Town can avoid scrutiny on this matter.

The Need for Voter Involvement

Developments of this magnitude should not hinge on a game of chicken with the Town. It is unfair that only those with the time and financial means can challenge their questionable legal conclusions.

Requiring a vote from the electorate for any commercial rezonings or PUD amendments would restore control to the residents of Telluride. This ensures that decisions about significant development projects and large public spending are made by the people, not just the Town Council.

In conclusion, the Chair 7 development plan presents a complex challenge for our community. As residents, we must advocate for transparency and accountability in the decision-making process. Let's ensure that our voices are heard and that we have a direct say in the future of our beloved Telluride.

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