Archive for Sunday, August 3, 2008
Steve Lewis: Agreement flawed
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Steamboat Springs — There are two significant flaws in the current draft of the pre-annexation agreement for Steamboat 700. First is the 20-year vesting of "...permitted uses." Ten-year vesting of uses may be fair in order to stabilize 700's market expectations, but 20-year vesting is not a smart move by the city.
Circumstances of our valley, nation and world are changing too fast to lock in permitted uses for 20 years. Would Steamboat Springs be content today to apply the land use rules of 1988? The answer is obvious. We will regret 20-year vesting.
And, it's overkill. All landowners are protected against unfair value losses from code changes by the precedent of "takings." Takings are code changes which unfairly reduce one's property value or property rights. This benchmark landowner protection has well precedented parameters, and wide awareness of the principle routinely bars unfair code changes. Beyond 10 years, Steamboat 700 and its future owners should have the same protection the rest of the market has and no more. Twenty-year vesting would be a giveaway of unknowable social and financial cost to this community.
The second flaw is this newly requested language: "The City shall not impose any growth control or limitation regulations : (for 20 years)." This request borders on arrogance. Any city promise of growth control (or immunity from such) is appropriate only after a sponsoring and similar policy is placed in the Steamboat Springs Community Area Plan by the will of the larger community.
Steve Lewis
Steamboat Springs
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