John Scarffe, Nederland.  A request for extension of time for completion of improvements for the Caribou Ridge Planned Unit Development (PUD) came before the Nederland Board of Trustees during a rescheduled meeting at 7 p.m. on Thursday, January 10, 2017 at the Nederland Community Center. The regular January 3 Board meeting was cancelled because of noticing issues.

Town Administrator Alisha Reis said this is a ten-year vestment of rights, and it allowed for certain things. The second owner requested transfer of those vested rights. The PUD is expiring and, for agreement to take place, the Board can extend it for a year as requested by the applicant or not, and that would be the end of the vested right, according to the Town.

The Board voted to extend the agreement for one year, with the condition that an amended PUD application, with plans for the project going forward, would be filed with the Town by June 30.

Four of the 33 lots have been built or started, and the infrastructure is in place, Reis said. It was a while before homes were put in because the developers hit during the economic downturn of 2008.

Edward R. Byrne, a lawyer representing owner Marketwise, LCC, requested the extension, and it has provisions related.

“Marketwise, LLC, as the Owner of the Caribou Ridge PUD, hereby requests, pursuant to of the Development Agreement, an extension for one year within which to comply with certain conditions of approval of the Caribou Ridge PUD, due to matters over which it has had no control, including the prior owner’s lack of progress during the economic downturn which began in 2008, among other things,” according to a letter he sent to the Town.

“When Marketwise acquired the property, only one dwelling unit had been completed, but a majority of the public improvements are in place. As the Town knows, during the past year, the Owner has performed necessary repairs to the installed public improvements, and initiated construction of three homes,” according to the letter.

“The Owner is working diligently with Cornerstone Construction to finalize an agreement which will determine the terms and conditions for their joint effort to complete the final phases of the Caribou Ridge PUD,” according to the letter. “They are also working on lot line reconfigurations and other adjustments to the existing approved Replat that will, in all likelihood, require an amendment to the PUD. They anticipate completion of their analysis during the first quarter of 2017 and submission of a PUD amendment application by the spring of 2017.”

Reis said the good news is it’s happening now and lots of improvements were already made. This was pitched as extending the period, and the original agreement anticipates this possibility.

“Vesting is something that happens after you’ve completed improvements,” Reis said. “I think that happened. What we’re really talking about is time for completion of improvements.

“The expiration of vested rights has legal implications and is frightening for developers who have spent as much money as these have. Byrne represents marketwise, and they have a builder and developer in place -- Cornerstone.”

“We think that’s all going to move forward at five or six lots per year,” Reis said. “This would continue the agreement as it stands. This continuance, the agreement would stay in place for another year just as it is today.”

Mayor Kristopher Larsen asked if this is an opportunity to reassess the PUD to work toward the Board’s goal for housing. “You could propose making them higher density lots.”

Reis said the Board could propose that. “If that is what the Board would like us to talk to the applicant about, we could do that”.

Trustee Julie Gustafson asked if neighbors were notified, and Reis said this is not an application that would require notification, but rather the extension of an existing agreement. A PUD amendment would go to notification, as required by the code, to all neighbors within 300 feet of the subdivision.

Gustafson asked what the barriers are to a new PUD.  Byrne said that it’s the company’s position that they have invested millions of dollars, but the improvements were to be done in ten years and some of those are not complete. “We want to come to you with a plan and bring back the interest to see if there is a way for more affordable homes on the lots.”

Trustee Stephanie Miller said they’ve already put in a lot of infrastructure. Byrne said, “We really think by the end of the second quarter we will be bringing an amended PUD to the town.”

Trustee Dallas Masters said the Board would like to see an increase in density. “If we were to pass it, it shows good faith. I would love to have another discussion with this builder about the PUD.”

Masters recommended approval but had a couple of comments. One of the lots has a bus on it, and he wants that removed and the lot used as indicated in the PUD. He’d also like to see them finish paving Indian Peaks to the subdivision.

Larsen asked what if they sell. “We’ve worked with them for ten years in good faith. They have not met the conditions of the improvement. This is an opportunity for the town to pursue our goals and needs. Let’s look to work with them on an amended PUD that comes back with something more in line with the current needs of the Town.”

Miller said: “I’d like to see us extend this another year so we can see what comes forward on the table. I know how unpredictable the community process is.  I would like to send a message to developers that we want to work with them.”

During Public Comment, Nederland resident Mary Jarrell said she was in favor of re-assessing the entire thing. By not giving them the extension it gives us the opportunity to start again.

Lisa Zucker of Big Springs said she would like to see this development go to higher density, more affordable housing. “I would go for holding these guys accountable for what’s in the agreement.”

Masters said that within a year they won’t have time to finish improvements. He made a motion that they extend the agreement for one year, with the requirement that they come back in six months, on June 30, 2017, with a PUD amendment and that Larsen and Town staff would work with the company in the interim. The extension will expire if the amendment does not come back.

Larsen said they should directly assess increased density and affordability. The Board approved the motion.