Friday, January 6, 2006

Correct zoning for Elkhorn's Sunshine Parcel


By PAUL CONNOLLY, a resident of Elkhorn.

To the Sun Valley Planning and Zoning Commission and Sun Valley City Council:

Please, at the earliest possible time, enact the appropriate ordinance to change the zoning of the Sunshine Parcel located on Village Way to Medium Density Residential -- RM1. As the owner of Ridge Condo #2607, an adjoining property, I am requesting this change as a result of, and in recognition of, the major changes that have taken place in the last few years in the surrounding Elkhorn Village neighborhood. As an owner of an adjoining property, I believe this zoning change is important to my welfare and to the welfare of the neighborhood and it is totally appropriate to the actual conditions in the Elkhorn Village.

Previous to the recent changes, Elkhorn Village included a hotel with 80 rooms, and bars, restaurants, banquet and conference rooms. In addition, the site included Jesse's Restaurant, Tequila Joe's, a small market, sports shop, kids day school, sandwich shop, post office, a full-service real estate office and many hotel-sponsored activities on the plaza. Now, all of these activities have been eliminated by (property owners) Blackacre and Greenfield. They are replaced with a small, single-structure combined store, coffee shop, post office and perhaps a separate restaurant if an operator can be found. These changes eliminated the true commercial core that existed. They replaced it with a token, tiny fig leaf that allowed the developers to build the new huge 64-foot 100 percent residential building in the old hotel site. However, this tiny commercial activity does not extend, or connect, in any way, to the Sunshine Parcel. It certainly does not justify commercial heights or densities in the Sunshine Parcel. The Sunshine Parcel is now 100 percent surrounded by residential structures. The ground truth is the Sunshine Parcel is a residential neighborhood.

It is also important to note that when Blackacre submitted its original Sun Villas plan, it included no commercial activity. Further, in June 2005 when Blackacre/Greenfield submitted their new concept, Sunshine at Elkhorn Springs, it also included no commercial activity. There is no plan or good purpose for commercial activity in the Sunshine Parcel. The appropriate zoning is Medium Density Residential -- RM1, the same as the surrounding properties, Indian Springs, Sunburst and Ridge.

Rezoning is a touchy issue. Usually it involves up zoning, which greatly increases the land investor's profit, usually to the disadvantage of the neighbors. Down zoning, or "right zoning," as I call it in this case, is infrequent as the property investors fight to protect their profits. However, in this case, I believe even with a down zone, the remaining ability to build 68 units offers plenty of room for a very good profit and is not a "taking." In this rezone, I believe the investment partners have no valid basis to resist a rezone. The basis for the rezone is that the neighborhood, ground truth, has changed from commercial core to residential. They closed the commercial activity. They can't realistically say they are being treated unfairly by the change. They caused the change.

Finally, as you are aware, in the city of Sun Valley 2005 Comprehensive Plan Update, the land-use map designates the Sunshine Parcel Medium Density Residential. A prompt enactment of a zoning change ordinance to implement this designation will be a good first step in implementing the new comprehensive plan.

Personally, I believe this is the best long-term solution to the problems that have surrounded the Sunshine Parcel during the last three years.

Your consideration of this request is greatly appreciated.




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