High Country Mining Claims Would Become Public Open Space

Weighing what is proposed under an application for cluster development subdivision exemption versus what could occur by right under state law without local review as a 35-acre lot subdivision, the San Miguel County Commissioners unanimously gave their preliminary approval on Wednesday, March 4, to a subdivision near Alta Lakes.

“This breaks the heart of a lot of our residents because this is an area we never wanted to see developed,” Commissioner Art Goodtimes told the representatives from SMI, who attended Wednesday’s hearing. “And yet at the same time we understand private property rights and feel you have tried to reach out and address a lot of our concerns. I want to commend you for the work you have done to come to terms with some of the more difficult issues.”

If the application by Silver Mountain Industries moves forward to final approval, as now appears likely, there would be 28 homesites in the subdivision, with the potential for an additional 20 caretaker units. The same number of homes could potentially be developed under a one-parcel-per-35-acre development, but 28 caretaker units could be built. Moreover, the development under a clustered scenario would occupy approximately 73 acres, with the rest of SMI’s 847 acres dedicated to a combination of public and private open space.

Among the acreage that would be given to the county for open space are 307 acres of patented mining claims in the high country above Alta, which, if they remained in private ownership, could conceivably contain another 13 homesites. The open space to be conveyed to the county would also include 140 acres along the Boomerang Road corridor.

Other benefits of a clustered development as set forth in the application, versus a one-for-35-acre development, include public trails and parking, county ownership of Boomerang Rd., building design regulations, restricted building envelopes, dog restrictions, the location of the development in areas not visible from either Boomerang Rd. or the Alta Lakes, which would remain a recreation area owned by the U.S. Forest Service, and a water augmentation plan in order to preserve water levels in the lakes.

Under a 35-acre scenario, SMI could conceivable draw down Alta Lakes, because it owns the water stored in them. Under the approval, the county will require SMI to execute an agreement with the U.S. Forest Service to address the issue.

While the overall package of benefits won the day, there was a discussion before the commissioners on Wednesday about the overall level of development that could occur under the approval, and whether it is too much. The crux issue revolved around whether the development potential of the high country mining claims has been properly evaluated. In other words, attorney Doug Tueller, who represents several private property owners in the vicinity asked, what is it worth to the public to retire the development rights on claims that have legal development rights at a certain scale, but probably far less in the way of practical development rights.

“Is there a fair balance and trade going on?” Tueller asked.

“Your goal here should be to evaluate what’s really possible [in awarding density in exchange for creating open space],” said Hilary White, representing the grass-roots environmental group Sheep Mountain Alliance. “If this is going to be approved, the density and the impact up there need to be reduced.”

There are other ways to preserve the high country, White suggested, including seeking federal funds to acquire the mining claims.

Asked by Commissioner Art Goodtimes whether SMI would consider restricting the house size on some number of the lots to a level less than the 12,000 square feet permitted under the county land use code, SMI spokesman Mark Oligschlaeger said that given the costs of providing access to the subdivision, reducing the value of the lots is not feasible.

County Planner Mike Rozycki pointed out that he had not approached the exchange of density in exchange for open space mathematically. Rather, he focused his presentation upon the goals and objectives stated in the High Country Master Plan that encourage development programs that avoid development in the high country altogether. Rozycki noted that the Alta Cluster Development Plan avoided any development in the high country, which was the preferred outcome of the county policies stated in the master plan. By way of example, he pointed out that one of the mining claims that would go to county ownership is near the Wedding Chutes in Bear Creek (other parcels are situated above the Alta Lakes in the heart of the public recreation area.)

“Do we want to preserve Bear Creek, or do we try to assign a value in terms of square footage they are permitted in exchange for that parcel and all the other parcels?” Rozycki asked. “I think our goal is to protect Bear Creek.”

“It’s a little hard for me to swallow the density,” Commissioner Art Goodtimes said. But, he concluded, “we really want to see the high country preserved,” and he commended SMI for accomplishing that.

Commissioner Joan May said she was supportive of the application because the subdivision was not destined to become a bedroom community for Mountain Village, as it might have been under earlier development scenarios. SMI previously submitted and subsequently withdrew an application for annexation to Mountain Village, which included more density, including employee housing.

Commissioner Elaine Fischer emphasized the value of preserving land that might seem undevelopable, noting she has seen places developed that nobody ever expected could be.

SMI, a subsidiary of the Fortune 500 Leucadia National Corporation, which also owns the New Sheridan Hotel.