Elkhorn residents defeat Johns-Manville rezone proposal
Developers meet overwhelming opposition
"The record shows that 30 years ago Johns-Manville held this
property as open space and that property owners bought their land with this
understanding."
Fritz Haemmerle, an attorney representing two Elkhorn
homeowners.
By PETER BOLTZ
Express Staff Writer
In a fight to preserve open space, more than 100 Elkhorn property owners
pressed for rejection of an application to rezone the "north of Bluff parcel" by
Sagecreek LLC yesterday morning at the Sun Valley Planning and Zoning Commission.
After visiting the site, the panel unanimously agreed with the protesters.
The turnout for the hearing was unusual, underscoring the nature of the
controversy.
Breaking the legal occupancy limit of 100 people, Sun Valley City Hall was
packed with people in seats, lined up along the walls, and sitting in the aisles and up on
the floor of the dais. Still, there were people in the hallway and standing outside the
side exit in the sun.
The target of the protest is property located on the inside curve of
Horseshoe Road in Elkhorn, is owned by Johns-Manville Co., but Sagecreek has a contract to
buy if the rezone is approved, according to Sun Valley planning and zoning administrator
Jack Cloud.
Sagecreek was applying for a rezone from outdoor recreational (OR-1) to
residential (RS-2). The developers intention is to build 12 townhouses.
The propertys designation under the citys comprehensive plan
had been changed, at Johns-Manvilles request, from open space to residential in
1994. That opened the door for the companys rezone application.
Even though the commission never heard Sagecreeks application, the
rezone was all but denied after the commission agreed with Elkhorn property owners that
the parcel was never intended for anything but open space.
At one point, the people opposed to Sagecreeks rezone plan were
asked to stand. Everyone but representatives of Sagecreek and Johns-Manville stood.
Fritz Haemmerle, representing Elkhorn homeowners Gary and Darcy Hollie,
told the commission that "the record shows that 30 years ago Johns-Manville held this
property as open space and that property owners bought their land with this
understanding."
Edmund W. Dumke, one of the original Sun Valley Planning and Zoning
commissioners, told the commission that when he bought the Upper Bluff Parcel from
Johns-Manville in 1988, he was told the north of Bluff parcel was going to be given as
open space to the Sun Valley Elkhorn Association.
Dumke also wrote a letter to the commission, dated Aug. 14, 2000, which
said that "with regard to this parcel, there can be no doubt that Elkhorn never
intended that this parcel be developed based on the original maps and plans."
To conclude his letter, he wrote, "It is inconceivable that this
parcel can be developed for any type of residential use."
Glenn Janss, who owns a home on Horseshoe Road, told the commission that
"the value we have in Sun Valley is open space."
She also wrote the commission a letter, dated July 18, 2000, that she will
"heartily oppose all attempts to rezone the ridge under consideration."
"Residents, the Sun Valley City Council and Sun Valley Planning and
Zoning Commission have always been totally opposed to any building on ridges or hillsides.
Johns-Manville was very aware of this original, very strong policy in order to protect the
rolling hills that are so much a part of our landscape."
Attorney John Hohnhorst, representing Johns-Manville, told the commission
that if the commission decided against his clients rezone application, then
"Johns-Manville has a piece of valueless land which is equivalent to a public taking
of land."
Dumke, speaking for a second time asserted, "Hohnhorst said this
would be a taking of land from Johns-Manville. Id say theres already been a
taking of land."
After a recess for a site visit, the commission returned and made its
decision.
Commissioner Nils Ribi moved to recommend to the city council to change
the designation of the property from residential to agricultural/recreational in the
citys comprehensive plan and confirmed that the parcel should remain open space.
The motion was passed unanimously except for P&Z member Charlie Holt
who had to leave the meeting before its end.
The rezone application was tabled pending a decision on the comp plan
change recommended to the city council.