Solterra gets guarantee on zoning

Solterra gets guarantee on zoning
By Jennifer Gilbert
Lakewood News
August 29, 2007No rezoning will take place for 15 years in the Solterra Subdivision in Rooney Valley.The Lakewood City Council on Aug. 27 approved a 15-year vesting for developers Carma, Richmond Homes and Wewin.The decision came on the heels of developers' request for a 25-year vesting. They wanted to protect their zoning rights so their property cannot be rezoned during construction.The Solterra Subdivision is zoned for residential and commercial use and encompasses 370 acres, about 300 of which will be used for a maximum of 1,489 buildings. In exchange for the financial and zoning security, the developers agreed to leave a six-acre strip of land separating Solterra from Green Mountain untouched for park purposes.The Lakewood City Council wrestled with the decision Monday night with numerous concerned residents in attendance. The city allowed St. Anthony's hospital 25-year vesting at the federal center earlier this year, and the possibility of the same protection for the multiphase commercial and residential development in Rooney Valley worried and angered residents near the area.The furor led council members to amend the proposal to a 15-year vesting, because, unlike the property at the federal center, the residential multiphase project did not warrant the quarter-century protection, councilors agreed. The council passed that vote unanimously.Mayor Pro Tem and mayoral candidate Bob Murphy recommended amending the proposed time frame to 15 years, and Carma, the largest developer, accepted the shorter time frame."I think we all agree up here that vesting is appropriate given the size of this project," Murphy said.Council members Vicki Stack and Doug Anderson were more hesitant about the matter, but voted for it."Vesting is putting rubber gloves on over mittens," Anderson said. "We popped the balloon with passing two vestings. I have a feeling we are going to see a lot more of it come along."City council candidates and mayoral candidate Rita Bertolli joined citizens in voicing their concern."The city is signing a contract tonight that places the city in liability," Bertolli said.Upon questions regarding that point by council members, Rock assured them that vesting does not create liability to Lakewood and only limits the city's ability to rezone the area that is deemed for development.Others were concerned the developers wouldn't have to follow city regulations, but City Manager Mike Rock assured them that's not the case."Vesting does not freeze the evolution of regulations," he said. "It ensures you have the ability to build the number and density of units approved, but you are still subject to any codes."Because the project is multiphase, when building permits are granted, each new step in the development must meet with building codes and other regulations in place at the time the permit is granted, Rock said.