AGENDA CITY OF SALIDA PLANNING COMMISSION

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1 AGENDA CITY OF SALIDA PLANNING COMMISSION MEETING DATE: Monday, June 27, 2016 MEETING TIME: 6:00 p.m. MEETING LOCATION: City Council Chambers, 448 East First Street, Salida, CO AGENDA SECTION: I. CALL TO ORDER BY CHAIRMAN 6:00 p.m. II. ROLL CALL III. APPROVAL OF THE MINUTES May 23, 2016 IV. UNSCHEDULED CITIZENS V. AMENDMENT(S) TO AGENDA VI. VII. UPDATES PUBLIC HEARINGS 1. Temple Baptist Church Minor Subdivision Limited Impact Review - The request is for approval to subdivide the parcel known as F Street, into three (3) lots. A. Open Public Hearing E. Public Input B. Proof of Publication F. Close Public Hearing C. Staff Review of Application G. Commission Discussion D. Applicant s Presentation 2. Slous Multiple Principal Structures 846 D Street Limited Impact Review - The request is to receive limited impact review approval to construct a second primary structure on the property located at 846 D Street within the medium density residential (R-2) zone district. A. Open Public Hearing B. Proof of Publication C. Staff Review of Application D. Applicant s Presentation E. Public Input F. Close Public Hearing G. Commission Discussion 3. Slous Multiple Principal Structures 908 D Street Limited Impact Review - The request is to receive limited impact review approval to construct a second primary structure on the property located at 908 D Street within the medium density residential (R-2) zone district. A. Open Public Hearing E. Public Input B. Proof of Publication F. Close Public Hearing C. Staff Review of Application G. Commission Discussion D. Applicant s Presentation

2 4. Little Rivers Property Annexation - The request is to annex to the City of Salida (the City ) a certain unincorporated tract of land comprised of forty-five and threetenths (45.3) acres located on the southeast corner of Highway 291 and County Road 105 in the County of Chaffee, State of Colorado. A. Open Public Hearing B. Proof of Publication C. Staff Review of Application D. Applicant s Presentation E. Public Input F. Close Public Hearing G. Commission Discussion 5. Little Rivers Property Zoning - The request is to recommend zoning designations for the forty-five and three-tenths (45.3) acres located on the southeast corner of Highway 291 and County Road 105 in the County of Chaffee, State of Colorado. The applicant is requesting Central Business (C-2), Residential Mixed Use (RMU), Medium-Density Residential (R-2), and High-Density Residential (R-3). The C-2 and southern RMU parcels will be included in the Highway 50 Corridor Overlay. A. Open Public Hearing B. Proof of Publication C. Staff Review of Application D. Applicant s Presentation E. Public Input F. Close Public Hearing G. Commission Discussion 6. Little Rivers Property Subdivision - The request is for approval to subdivide a parcel of land into (5) five lots to be known as the Little River Properties, LLC Minor Subdivision. A. Open Public Hearing B. Proof of Publication C. Staff Review of Application D. Applicant s Presentation E. Public Input F. Close Public Hearing G. Commission Discussion VIII. UNFINISHED BUSINESS IX. NEW BUSINESS: 1. Short-term rental discussion X. COMMISSIONERS COMMENTS XI. ADJOURN An alternate can only vote on, or make a motion on an agenda item if they are designated as a voting member at the beginning of an agenda item. If there is a vacant seat or a conflict of interest designate the alternate that will vote on the matter. If a Voting member shows up late to a meeting, he cannot vote on the agenda item if the alternate has been designated. Page 2 of 3

3 PLANNING COMMISSION Minutes DRAFT MEETING DATE: Monday, May 23, 2016 MEETING TIME: 6:00 PM MEETING LOCATION: City Council Chambers, 448 E. First Street, Suite 190, Salida, CO Present: Kasper, Thomas, Follet, Berg, Wood, Osborn, Campbell Absent: Mandelkorn, Cocovinis, Jefferson AGENDA SECTION: I. CALL TO ORDER BY Wood: - 6:00 PM II. ROLL CALL: III. APPROVAL OF THE MINUTES April 25, 2016 Follet made a motion to approve the minutes. Motion was seconded by Kasper. All voters were unanimous and the motion carried. IV. UNSCHEDULED CITIZENS None V. AMENDMENTS TO AGENDA - None VI. UPDATES: Osborn gave an update for the purchase agreement with Belmont and affordable housing. VII. PUBLIC HEARINGS 1. Moonlight Creative Sign The request is for approval to internally illuminate a sign in the C-2 zone district. Internal illumination is not allowed in the Central Business (C-2) zone therefore requires creative sign permit approval. A. Open Public Hearing 6:12p.m. B. Staff Review of Application. Campbell gave an overview of the application and stated that staff supported the application and recommends approval. C. Applicant s Presentation: Bill Donovan gave a presentation and was available to answer questions. D. Public Input-Tom Bomer asked where the moon would be placed. Donovan explained the exact nature of the sign. Bomer also stated his concern of the use of neon within the downtown district. E. Closed Public Hearing 6:14 p.m. F. Commission Discussion Donovan stated his concerns with neon lighting and explained the reasoning for recessed lighting. Osborn stated staff concerns with the brightness and explained the reasoning of using the recessed lighting. Wood asked if the existing sign was externally illuminated. Donovan answered that the existing sign is externally illuminated, but will change depending upon approval. Donovan also explained his wish to use the first option of neon rope light and the second option was only to present options to the board. I. Commission Action - A motion was made by Kasper to approve the creative sign application. Thomas seconded the motion. All were in favor and the motion carried. Page 1 of 3

4 PLANNING COMMISSION Minutes DRAFT 2. Angel View Limited Impact Review The request is to receive limited impact review approval to subdivide a parcel into 5 lots that meet the dimensional and development standards of the High Density (R-3) zone district. A. Open Public Hearing 6:35 p.m. B. Staff Review of Application: Osborn gave an overview of the application and stated that staff supported the application and recommends approval with conditions. Wood asked staff the density of the property and the number of possible units. Osborn explained the maximum will be approximately 300 units. C. Applicant s Presentation: Walt Harder was available to answer questions. Harder stated he wants to amend staff s recommendation, to not start building infrastructure until the development of lot 5 instead of lot 4 or 5 as recommended. Follet asked the time frame of possible development. Harder explained it will be years until development. Follet asked when the development begins would the development go in order of lot numbers. Harder explained it would be based by the opportunity at time of development. D. Public Input Elke Mitchell, 7990 C.R. 140, asked if lot 5 would be developed first. Wood stated that it would likely be the last to develop. Mitchell stated her concerns with the height of new construction and what possible development could be emplaced. Wood explained the property owner s use by right is based on the R-3 zone district regulations. Mitchell stated her concerns of open space and sewer and water. Osborn explained Fee and Lieu of open space or supplementing a park within a potential development. Mitchell asked if there would be fencing around the property. Wood explained it would be up to the developer s discretion. Mitchell also asked if there would be dust control. Wood explained it would be under the building code and not within the planning commission s power. Osborn stated it would fall into a nuisance complaint and would be taken care of by the city code enforcement officer. E. Closed Public Hearing 6:49 F. Commission Discussion Thomas stated the project fits in with the comprehensive plan for high density. Follet asked staff and Harder if it would be a great advantage to have the water line constructed when lot 4 or lot 5 is developed, per staff s third condition. Osborn stated it would be at the commissioner s discretion to change staff s recommendation if appropriate. Harder stated his plan would be to develop serially and agrees with staff s recommendation for the construction of the water lines to be contingent with the development of lots 4 or 5. Thomas stated his concerns for water connection past Lot 5. Wood stated there is available water on County Road 120 already. Osborn asked for direction from the commission for utility development being contingent with lots 4 or 5. Harder stated he was in agreement with the development of water lines being contingent with the development upon lots 4 or 5, but disagrees with the instillation of the road being contingent with the development of lots 4 or 5. Harder stated he would prefer the development of the road be contingent with lot 5 only. Thomas asked why the development of the road would not be constructed at the same time as the water lines. Harder stated the road would follow the same path of the water lines, however, the Page 2 of 3

5 PLANNING COMMISSION Minutes DRAFT instillation of the road is the most expensive part of the project. Harder stated it would be cost prohibitive to develop road infrastructure before the development upon lot 5. I. Commission Action A motion was made by Follet to approve the Angel View Minor Subdivision with the following four conditions: i. Pursuant to section (8), Parks, Trails and Open Space, of the Salida Municipal Code, as may be amended, neither land dedication nor fees-in-lieu have been paid for this subdivision. At the time that residential dwelling units are constructed on any of the lots herein, either by further subdivision or building permit approval, land dedication and/or fees-in-lieu for parks, trails and open space in the amount then in effect shall be payable to the City prior to issuance of building permits. ii. Pursuant to section , Fair Contributions for Public School Sites, as may be amended, a payment in lieu of land dedication for fair contributions for public school sites shall be paid by the owner of each lot within this subdivision prior to issuance of a building permit for any new residence on such lot. iii. At the time of development of Lot 4 or 5 the developer shall be responsible for the cost to design and install waterlines built to then current City of Salida construction standards and specifications for the purpose of a looped connection between municipal waterlines located in County Roads 120 and 140. iv. At the time of development of Lot 5 the developer shall be responsible for the cost to design and install arterial roadway improvements built to then current City of Salida construction standards and specifications. Thomas seconded motion. All in favor and the motion carried. VIII. UNFINSHED BUSINESS- None IX. NEW BUSINESS-None X. COMMISSIONER S COMMENTS- None XI. ADJOURN: With no further business to come before the Commission, the meeting adjourned at 7:00 p.m. Page 3 of 3

6 STAFF REPORT MEETING DATE: June 27, 2016 AGENDA ITEM TITLE: AGENDA SECTION: Temple Baptist Church Minor Subdivision-Limited Impact Review Public Hearing REQUEST: The request is to subdivide the parcel known as F Street, into three (3) lots. APPLICANT: The applicant is the Temple Baptist Church, Salida, CO 81201, who is being represented by Syd Schieren of Landmark Surveyors. LOCATION: The subject property is legally described as Lots 7 thru 13 Block 75 Haskell s Addition to the, City of Salida, Chaffee County, Colorado. This property is also known as 530 and 546 F Street, Salida, CO PROCESS: This application is a limited impact review process for a minor subdivision. The purpose of the limited impact review is to assure that the proposal, in adequate detail, is drawn and submitted according to the requirements of the Land Use Code. A public hearing is conducted by the Planning Commission for the minor subdivision process, after public notice in a newspaper of general circulation and posting on the property 15 days prior. The Commission shall approve, approve with conditions, or deny the application, or remand it back to the applicant with instructions for modification or additional information or action. Approval of the minor subdivision shall constitute authorization to proceed with recording the plat and commencing with the Subdivision. Public Hearing, Agenda Item 1, Page 1 of 7

7 OBSERVATIONS: This section is intended to highlight concerns raised by staff and to assist the Commission in doing the same. Additional concerns or questions may arise after a presentation by the applicant. 1) The property is located in a Medium Density Residential (R-2) zone district. 2) The proposed subdivision will create three lots. All three lots meet the minimum dimensional requirements for the Medium Density Residential (R-2) zone district. 3) The existing parcel contains two structures that will meet the required setbacks with this subdivision. The existing structure located on Lot 3 is addressed as 530 F Street and the existing structure located on Lot 1 is addressed as 546 F Street. 4) According to utility records the structure on Lot 1 and the structure on Lot 3 each have a ¾ commercial water and sewer tap. When Lot 2 is developed the applicant will be required to purchase water and sewer taps. There s a water line shown on the plat crossing Lot 2 which is service for Lot 3. The applicant is required to re-route that water service line so that it is entirely on Lot F Street 5) Number 3 under the general notes on the plat is confusing and should state that the utilities crossing Lot 2 to serve Lot 3 shall be relocated to Lot 3. 6) There are no development plans submitted for Lot 2 in conjunction with this application. 530 F Street REVIEW AGENCY COMMENTS: The Public Works Director, Finance Department, Chaffee County Director of Development Services, and the utility companies were invited to comment on the application. The following comments were received in response to this request. Finance Department, Renee Thonhoff:. Account 8146 is associated with Lot 3, 530 F Street and is the Temple Baptist Preschool. Account 8148 is associated with Lot 1 that serves 546 F Street Public Work, Bob Salmi: The water service located on Lot 2 is required to be re-routed so that it is entirely on Lot 3. Public Hearing, Agenda Item 1, Page 2 of 7

8 SUBDIVISION REVIEW STANDARDS: (Section ) 1. Conformance with the Comprehensive Plan. The proposed subdivision shall carry out the purpose and spirit of the Comprehensive Plan and conform to the Plan s applicable objectives, guiding principles and recommended actions. It shall be designed to be compatible with surrounding land uses and to protect neighbors from undesirable noise, glare and shadows, and shall not cause adverse effects on their privacy, solar access and views. According to the Comprehensive Plan; new development within the city shall make the most appropriate use of the land using design standards that enhance and complement the historic built environment of the city. New development should complement the neighborhood s mass and scale. Infill and redevelopment should be encouraged and will advance the objectives of the Comprehensive Plan. The subdivision request complies with the comprehensive plan. Any new development on Lot 2 will also need to comply with the comprehensive plan. 2. Complies with the Zone District Standards. The proposed subdivision shall comply with the use and dimensional standards of the underlying zone district and shall provide off-street parking as required for those uses. This property is in the Medium Density Residential (R-2). According to the Land Use code Article ; the purpose of the Medium-Density Residential (R-2) zone district is to provide for residential neighborhoods comprised of detached single-family dwellings, duplex dwellings and multi-family residences on smaller lots than are permitted in the Single-Family Residential (R-1) zone district, allowing for slightly greater overall densities. Complementary land uses may also include such supporting land uses as parks, schools, churches, home occupations or day care, amongst other uses The application does not include development plans, but at the time of development the applicant will be required to meet the R-2 zone district dimensional standards. 3. Design Standards. The proposed subdivision shall be provided with improvements which comply with Article VII and landscaping which complies with Section of this Chapter. A. Streets. Existing and proposed streets shall be suitable and adequate to carry anticipated traffic within and in the vicinity of the proposed subdivision. The applicant is not proposing new streets and the existing streets are suitable to meet the proposed minor subdivision. B. Utilities. Existing and proposed utility services shall be suitable and adequate to meet the needs of the proposed subdivision. Lots 1 and 3 each have a commercial ¾ water/sewer tap. When Lot 2 is developed the applicant will be required to purchase water and sewer taps. Public Hearing, Agenda Item 1, Page 3 of 7

9 C. Phases. If the subdivision is to be developed in phases, each phase shall contain the required parking spaces, landscape areas, utilities and streets that are necessary for creating and sustaining a stable environment. This application does not have additional phases. 4. Natural Features. The layout of lots and blocks shall provide desirable settings for structures by making use of natural contours and maintaining existing views, affording privacy for residents and protecting them from adverse noise and vehicular traffic. The system of roadways and the lot layout shall be designed to take advantage of visual qualities of the area. Natural features and native vegetation shall be preserved whenever possible. Tree masses and individual trees of sixinch caliper or greater shall be preserved. There are no major natural features located within this subdivision 5. Floodplains. Tracts of land or portions thereof lying within the one-hundred-year floodplain may only be subdivided for open space until the subdivider has shown that compliance with the requirements of the City s floodplain regulations can be met. The subject property is not located within the 100-year floodplain. 6. Noise Reduction. Where a subdivision borders on or contains a highway right-of-way, the City shall require adequate provisions for reduction of noise. A parallel street, landscaping, screening, easement, greater lot depth, increased rear yard setbacks and fencing are potentially appropriate solutions, among others. This subdivision does not border a Highway right-of-way. 7. Future Streets. When a tract is subdivided into lots or parcels which are intended for future resubdivision, such lots or parcels shall be arranged so as to permit the logical location and opening of future streets and appropriate resubdivision, with provision for adequate utility easements and connectors for such resubdivision. There is no future resubdivision planned for this parcel. 8. Parks, Trails and Open Space. Each subdivision, minor or major, or condominium project with five (5) units or more, shall dedicate and develop land or pay a fee-in-lieu for the purpose of providing active parks, open space, passive recreation facilities and/or recreation trails or other public purposes as determined by the City for the benefit of those who occupy the property and be made accessible to the public. The intent of this regulation is to ensure that a comprehensive, integrated network of parks, trails and open spaces is developed and preserved as the community grows. Dedication requirement. Land for parks, trails and open space shall be dedicated in the ratio of two-hundredths (0.02) acre per residential unit of the proposed subdivision. When a development plan has not been determined for the property, the number of units shall be assumed as the maximum density permitted on the site. When a mix of residential and nonresidential uses is proposed on the site, the dedication shall still be provided for the Public Hearing, Agenda Item 1, Page 4 of 7

10 residential units. All areas dedicated for parks, trails and open space must be shown on the plat. All dedications of land as required under this Section shall be dedicated in fee simple to the City as a condition of approval unless the City determines that the specific situation warrants consideration of an easement or designation rather than dedication. The applicant is not proposing any open space dedication with this development. Fee-in-lieu. For those subdivisions where the dedication of land for parks, trails or open space is not practicable, such as developments involving inappropriate location, impractical geography, small land area or few lots, in its discretion, the City may require a cash fee in lieu of dedication based upon Salida land values. When possible, the requirement for cash in lieu of dedication shall be noted as a plat note on the final plat of the subdivision. Moneys collected in lieu of dedication of land for parks, trails or open space shall be collected at the time of approval of the final plat and placed into a City park development fund to be earmarked for future acquisition or improvement of parks, trails or open space. In extraordinary circumstances, the City Council may authorize the deferral of the payment of cash in lieu of dedication as required by this Section. In such event, the owner of the property shall agree with the City, in such form as shall be acceptable to the City Council, to pay such sums at the time of issuance of any building permit upon the property. Notice shall be given of such deferred payment by the recording of a first mortgage or other security instrument with the County Clerk and Recorder. In no event, however, shall the deferral of any dedication fee required by this Section extend for a period of greater than five (5) years from the date it would otherwise be payable. The developer shall agree to pay the higher of the dedication fee calculated in accordance with this Section at the time originally owed or at the time actually paid. Residential subdivisions or the residential portion of mixed use subdivisions. For the square footage of required land not provided on the site the value of the fee shall be based upon the most recent available formula used by the Chaffee County Assessor s office for valuing vacant land in Salida subdivisions. The amount of such fees and charges shall be established by resolution of the City Council, as maybe amended from time to time, and available for review by the public at City Hall during normal business hours. The applicant has not proposed a dedication of land for parks and open space. Staff would recommend removing #6 under general notes on the proposed plat and adding the following plat note: Pursuant to section (8), Parks, Trails and Open Space, of the Salida Municipal Code, as may be amended, neither land dedication nor fees-in-lieu have been paid for this subdivision. At the time that residential dwelling units are constructed on any of the lots herein, either by further subdivision or building permit approval, land dedication and/or fees-in-lieu for parks, trails and open space in the amount then in effect shall be payable to the City prior to issuance of building permits. 9. Common Recreation Facilities. Where a development is proposed to contain common recreation facilities, such facilities shall be located within the development so as to be easily accessible to the residents and to least interfere with neighboring developments. There are no development plans with this application. Public Hearing, Agenda Item 1, Page 5 of 7

11 10. Lots and Blocks. (1) Pattern. The size, shape and orientation of lots shall be appropriate to the design and location of the proposed subdivision and to the type of development contemplated. Where appropriate, lots shall be laid out to respect the existing City pattern. Blocks generally shall not be less than three hundred (300) feet nor more than one thousand two hundred (1,200) feet in length. This subdivision does not create a new grid. 11. Architecture. This standard applies to residential subdivisions of five lots or more. This standard does not apply to this subdivision. 12. Fair Contributions for Public School Sites ( ). With any new residential development the applicant will be required to pay the fair contributions for Public School Sites per residential unit. RECOMMENDED FINDINGS: The purpose of the limited review process for a minor subdivision is to determine the compliance of the application with the review standards contained in Section Recommended Findings: 1) The application complies with the comprehensive plan and the proposed subdivision shall carry out the purpose and spirit of the comprehensive plan and conform to all of the applicable objectives, guiding principles and recommended actions. 2) This application complies with the standards and uses of the R-2 zone district. 3) The applicant has complied with all city codes for the proposed minor subdivision RECOMMENDED ACTION: Based upon the observations, review standards, and findings outlined above, staff recommends the following: The Commission approves the Limited Impact Review application to subdivide one (1) parcel into three (3) lots at F Street to the following conditions of approval: 1. The water service line and meter located on Lot 2 be relocated to Lot 3 as required by the Public Works Director. 2. That Plat note #3 be removed prior to recording the final plat. 3. Lot 2 will be required to purchase water and sewer taps at time of development. 4. Pursuant to section (8), Parks, Trails and Open Space, of the Salida Municipal Code, as may be amended, neither land dedication nor fees-in-lieu have been paid for this subdivision. At the time that residential dwelling units are constructed on any of the lots herein, either by further subdivision or building permit approval, land dedication and/or fees-in-lieu for parks, trails and open space in the amount then in effect shall be payable to the City prior to issuance of building permits. Public Hearing, Agenda Item 1, Page 6 of 7

12 5. If additional residential units are developed on any of the newly created lots the owner will be required to pay open space and school fees per residential unit at the time the building permits are submitted. RECOMMENDED MOTION: That the recommended findings be made and the recommended action be taken. Attachments: Minor Subdivision Application Plat and site plan Public Hearing, Agenda Item 1, Page 7 of 7

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23 MEETING DATE: June 27, 2016 STAFF REPORT AGENDA ITEM TITLE: AGENDA SECTION: Slous-Limited Impact Review- Multiple Principal Structures Public Hearing REQUEST: The request is to receive limited impact review approval to construct a second primary structure on the property located at 846 D Street within the medium density residential (R-2) zone district. APPLICANT: The applicant is Dan Slous, 908 D Street, Salida, CO LOCATION: The subject property is known as Lots 12 and 13, Block 100, Haskells Addition, City of Salida, Chaffee County. This property is also known as 846 D Street. PROCESS: Limited Impact Review are those land uses which are generally compatible with the permitted uses in a zone district, but require site-specific review of their location, design, intensity, density, configuration, and operating characteristics, and which may require the imposition of appropriate conditions, in order to ensure compatibility of the use at a particular location and mitigate its potentially adverse impacts. The Salida Municipal Code, Chapter 16, specifies that Limited Impact Review applications be reviewed by the City of Salida Planning Commission at a public hearing after fifteen days public notice. The Planning Commission may make a decision to approve, approve with conditions, deny, or remand the application back to the applicant for modification. OBSERVATIONS: 1. The subject property is located within the Medium Density Residential Zone District (R-2). Surrounding properties are primarily single-family homes. Public Hearing, Item 2, Pg. 1

24 2. The property has a total 7,500 square feet of lot area. The density requirement per dwelling unit is 3,125 within the R-2 zone district. The property is allowed a maximum of two dwelling units on the property. 3. The proposed second principal structure will have a foot print of 1,600 square feet. The applicant is required to limited impact approved because of the proposed size and scale of the structures. 4. The property currently has one 969 square foot single-family residence located on the front of the property and a 573 square foot detached garage located on the rear. 5. If the proposed second principal structure is approved, the existing detached garage will be demolished. 6. The property currently has 1 existing off street parking space that serves the existing house. The applicant has provided one additional off street parking space for the proposed second principal structure to meet the parking requirement. REVIEW STANDARDS Land Use Code section (b) Multiple Principal Structures: (b) Multiple Principal Buildings. (1) Scale. The entire site, including all proposed structures, shall be of a scale that is compatible with the surrounding and nearby properties. Scale shall mean the proportional relationship of the principal buildings to each other and to the neighborhood, including but not limited to height, mass, setbacks and orientation. The proposed second principal structure will conform to primary building dimensional requirements of the R-2 zone district. The surrounding properties are primarily one story single family residences. Since the proposal will be a residential structure it should match the scale of the surrounding principal buildings in the neighborhood. (2) Parking and Access. Required parking shall be provided on the site for all buildings and uses on the site. Access should be consolidated to reduce curb cuts and shall be provided through alleys where available. The applicant has provided an additional off street parking space for the proposed second principal structure as required per Section The applicant has provided access through the alleyway of the property as required in development of multiple principal structures. Public Hearing, Item 2, Pg. 2

25 (3) Provision of Adequate Services. Each principal structure shall have its own municipal services, including water and sewer, in accordance with Chapter 13, Municipal Utilities, of this Code. Additional system development fees for water and sewer service will apply for the second primary structure. The tap fees will be due at the time of building permit. SUBDIVISION REVIEW STANDARDS: (Section ) 1. Consistency with the Comprehensive Plan. The use shall be consistent with the City s Comprehensive plan. Applicants Response: The proposed second primary structure will be a single family residence and is consistent with the intended density of the R-2 Residential zone. The residence will be in the character of the established neighborhood. The project will face 9 th street and will be set to the rear of the existing house off the alley. The density of the property will be similar to a residence with an accessory structure. According to the Salida Comprehensive plan, in the Land Use and Growth Chapter, Policy LU & G-I.2- states, Infill and redevelopment should be encouraged and will advance the objectives of this plan. The proposed second principal structure advances the goals within the comprehensive plan to increase density through redevelopment and infill as the property will have two primary residences. 2. Conformance to the Code. The shall conform to all other applicable provisions of this Land Use Code, including, but not limited to: a. Zoning District Standards. The purpose of the zone district in which it is located, the dimensional standards of that zone district, and any standards applicable to the particular use, all as specified in Article 5, Use and Dimensional Standards. Applicant Response: The proposed second primary single family residence and the property will comply with the dimensional standards for the R-2 Residential zone. Multiple principal structures are considered second primary residences and will need to follow primary building setback requirements for the R-2 residential zone district. The applicant s proposal has met all primary building requirements within the R-2 zone district. b. Site Development Standards. The parking, landscaping, sign and improvements standards. Applicant Response: The existing residence will maintain its existing driveway access off of 9 th street. The proposed second primary single family residence will have its off-street Public Hearing, Item 2, Pg. 3

26 parking off of the alley. The property will maintain the required landscaping and trees. All required improvement standards will be met. No signage is proposed. According to the Land Use code, Table16-J Off Street Parking Standards by Use, A single-family, duplex, and ADU is required 1 space per unit. The applicant has provided one additional parking space through the alley entrance of the property to accommodate the proposed residence. In the R-2 zone the landscape requirement is 45% coverage and will be required a minimum of 4 trees located on the property. The applicant has met the above requirements with the proposal. The applicant has not proposed signage within the application. 3. Use Appropriate and Compatible. The use shall be appropriate to its proposed location and be compatible with the character of neighboring uses, or enhance the mixture of complementary uses and activities in the immediate vicinity. Applicant Response: The proposed second primary will be a single family residence which is the main use in the R-2 zone and the surrounding neighborhood. According to the Land Use code, Section , Residential Zone Districts, Median-Density Residential (R-2), The purpose of the Median-Density Residential (R-2) Zone District is to provide for residential neighborhoods comprised of detached single-family dwellings, duplex dwellings and multi-family residences on smaller lots than are permitted in the Single-Family Residential (R-1) zone district, allowing for slightly greater overall densities. Implementing multiple principal structures follows in accordance with the purpose of the R-2 Zone District, because the proposal increases density within the property by creating an additional primary residence. 4. Nuisance. The operating characteristics of the use shall not create a nuisance and the impacts of the use on surrounding properties shall be minimized with respect to noise, odors, vibrations, glare, and similar conditions. Applicant Response: The proposed second primary use as a single family residence will not create a nuisance or have any negative impact as it is consistent with the surrounding neighborhood. The applicant proposes a single-family residence and the surrounding properties are primary single-family residences. The residence would not create a nuisance as it is in accordance with the neighborhood. Public Hearing, Item 2, Pg. 4

27 5. Facilities. There shall be adequate public facilities in place to serve the proposed use, or the applicant shall propose necessary improvements to address service deficiencies which the use would cause Applicant Response: As a single family residence, the proposed second primary will not require any public facilities. All municipal facilities will be provided. The applicant is requesting for a second primary structure and the use will be a single family residence as the applicant will not be required to have public facilities. 6. Environment. The use shall not cause significant deterioration to water resources, wetlands, wildlife habitat, scenic characteristics, or other natural features. As applicable, the proposed use shall mitigate its adverse impacts on the environment. Applicant Response: The proposed project will not have any negative impact on the natural features of the property. The applicant s proposal will not result in deterioration of the water resources, wetlands, wildlife habitat, scenic characteristics, or other natural feature. AGENCY REVIEW COMMENTS: Finance Department, Renee Thonhoff: 846 D Street has utility account New water and sewer taps as well as meter are required for second dwelling. REQUIRED ACTIONS BY THE COMMISSION: 1. The Commission shall confirm that adequate notice was provided and a fee paid. 2. The Commission shall conduct a public hearing. 3. The Commission shall make findings regarding the proposed use in order to ensure the use is consistent with the Comprehensive Plan, conforms to the Land Use Code, is appropriate to its location and compatible with neighboring uses, is served by adequate public facilities and does not cause undue traffic congestion or significant deterioration of the environment. RECOMMENDED FINDINGS: 1. This application is consistent with the Land Use Code and the surrounding neighborhood because a second single family residence is compatible with the surrounding neighborhood. 2. The applicable review criteria for limited review applications have been met. RECOMMENDED ACTION: Based on the above findings, staff recommends APPROVAL, with conditions, for the limited impact review request to construct a second primary structure on the property within the medium density residential (R-2) zone district. Public Hearing, Item 2, Pg. 5

28 1. The applicant will be allowed a max height on the proposed building shall not exceed 25 feet as to match the mass and scale of the existing primary residence and the surrounding neighborhood. 2. The applicant will be required to demolish the detached garage before constructing the second principal structure. 3. That this Limited Impact approval expires in three (3) years from the date of its approval if a building permit for the second principal structure has not been issued and acted upon RECOMMENDED MOTION: That the recommended findings be made and the recommended action be taken. BECAUSE THIS APPLICATION IS FOR A LIMITED IMPACT REVIEW, THE SALIDA PLANNING COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION. THE DECISION OF THE PLANNING COMMISSION MAY BE APPEALED WITHIN 15 DAYS OF THE DECISION BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION OF THE LAND USE CODE. Attachments: Application form Site plan Public Hearing, Item 2, Pg. 6

29 GENERAL DEVELOPMENT APPLICATION 448 East First Street, Suite 112 Salida, CO Phone: Fax: TYPE OF APPLICATION (Check-off as appropriate) Annexation Pre-Annexation Agreement Variance Appeal Application (Interpretation) Certificate of Approval Creative Sign Permit Historic Landmark/District License to Encroach Text Amendment to Land Use Code Watershed Protection Permit Conditional Use Administrative Review: (Type) Limited Impact Review: (Type) Major Impact Review: (Type) Other: 2. GENERAL DATA (To be completed by the applicant) A. Applicant Information Name of Applicant: Mailing Address: Telephone Number: FAX: Address: Power of Attorney/ Authorized Representative: (Provide a letter authorizing agent to represent you, include representative s name, street and mailing address, telephone number, and FAX) B. Site Data Name of Development: Street Address: Legal Description: Lot Block Subdivision (attach description) Disclosure of Ownership: List all owners names, mortgages, liens, easements, judgments, contracts and agreements that run with the land. (May be in the form of a current certificate from a title insurance company, deed, ownership and encumbrance report, attorney s opinion, or other documentation acceptable to the City Attorney) I certify that I have read the application form and that the information and exhibits herewith submitted are true and correct to the best of my knowledge. Signature of applicant/agent Signature of property owner Date Date General Development Application Form 03/09/15

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38 MEETING DATE: June 27, 2016 STAFF REPORT AGENDA ITEM TITLE: AGENDA SECTION: Slous-Limited Impact Review-Multiple Principal Structures Public Hearing REQUEST: The request is to receive limited impact review approval to construct a second primary structure on the property located at 908 D Street within the medium density residential (R-2) zone district. APPLICANT: The applicant is Dan Slous, 908 D Street, Salida, CO LOCATION: The subject property is known as Lots 1,2 and 3, Block 109, Haskells Addition, City of Salida, Chaffee County. This property is also known as 908 D Street. PROCESS: Limited Impact Review are those land uses which are generally compatible with the permitted uses in a zone district, but require site-specific review of their location, design, intensity, density, configuration, and operating characteristics, and which may require the imposition of appropriate conditions, in order to ensure compatibility of the use at a particular location and mitigate its potentially adverse impacts. The Salida Municipal Code, Chapter 16, specifies that Limited Impact Review applications be reviewed by the City of Salida Planning Commission at a public hearing after fifteen days public notice. The Planning Commission may make a decision to approve, approve with conditions, deny, or remand the application back to the applicant for modification. OBSERVATIONS: 1. The subject property is located within the Medium Density Residential Zone District (R-2). Surrounding properties are primarily single-family homes. 2. The property has 11,250 square feet of total lot area. The density requirement per dwelling unit is 3,125 within the R-2 zone district. The property is allowed a maximum of 3 dwelling units on the property. The applicant has an existing Public Hearing, Item 3, Pg. 1

39 nonconforming business within the detached garage. The proposed structure, existing residence and nonconforming business creates 3 total units on the property. 3. The proposed second principal structure will have a foot print of 1,080 square feet. The applicant is required a limited impact approval because of the size and scale of the structure. 4. The property currently has one 1,186 square foot singlefamily residence located on the front of the property and a 1,680 square foot detached garage located on the rear. 5. The applicant will be allowed to connect the existing water line from 9 th Street to the proposed second primary structure, but will need to construct a new water line to the existing residence. This will allow the proposed second principal structure to not be constructed on top of the water line. 6. The property currently has 3 existing off street parking spaces on the property. REVIEW STANDARDS Land Use Code section (b) Multiple Principal Structures: (b) Multiple Principal Buildings. (1) Scale. The entire site, including all proposed structures, shall be of a scale that is compatible with the surrounding and nearby properties. Scale shall mean the proportional relationship of the principal buildings to each other and to the neighborhood, including but not limited to height, mass, setbacks and orientation. The proposed second principal structure will conform to primary building dimensional requirements of the R-2 zone district. The surrounding properties are primarily one story single family residences. Since the proposal will be a residential structure it should match the scale of the surrounding principal buildings in the neighborhood. (2) Parking and Access. Required parking shall be provided on the site for all buildings and uses on the site. Access should be consolidated to reduce curb cuts and shall be provided through alleys where available. Per Section , a single-family dwelling unit and a home occupation/business is required one to have off street parking space each. The property will be required a total of three off street parking spaces. The applicant has provided three off street parking spaces and meets the minimum standards. The applicant has provided a shared access with the existing residence and proposed second primary structure from 9 th Street. Although it is not through the alley, the access is consolidated and will not cause an increase in curb cuts. Public Hearing, Item 3, Pg. 2

40 (3) Provision of Adequate Services. Each principal structure shall have its own municipal services, including water and sewer, in accordance with Chapter 13, Municipal Utilities, of this Code. The proposed second structure will be required to use the existing water tap on 9 th street. The applicant will be required to contact public works for location of the new water tap for the existing residence. Additional system development fees for water and sewer service will be required for the second residence. These will be due at the time of building permit. SUBDIVISION REVIEW STANDARDS: (Section ) 1. Consistency with the Comprehensive Plan. The use shall be consistent with the City s Comprehensive plan. Applicants Response: The proposed second primary structure will be a single family residence and is consistent with the intended density of the R-2 Residential zone. The project will be in scale with the surrounding neighborhood and keeping with the style and mass of adjacent properties. The proposed second primary will be oriented to D Street and keep to the established streetscape of the area. According to the Salida Comprehensive plan, in the Land Use and Growth Chapter, Policy LU & G-I.2- states, Infill and redevelopment should be encouraged and will advance the objectives of this plan. The proposed second principal structure advances the goals within the comprehensive plan to increase density through redevelopment and infill as the property will have two primary residences. 2. Conformance to the Code. The shall conform to all other applicable provisions of this Land Use Code, including, but not limited to: a. Zoning District Standards. The purpose of the zone district in which it is located, the dimensional standards of that zone district, and any standards applicable to the particular use, all as specified in Article 5, Use and Dimensional Standards. Applicant Response: The proposed second primary single family residence and the property will comply with the dimensional standards for the R-2 Residential zone. Multiple principal structures are considered primary residences and will need to follow primary building setback requirements for the R-2 residential zone district. The applicant s proposal has met all primary building requirements within the R-2 zone district. Public Hearing, Item 3, Pg. 3

41 b. Site Development Standards. The parking, landscaping, sign and improvements standards. Applicant Response: The second primary will use the existing driveway access and offstreet parking area. The landscaping areas with required trees will meet the R-2 regulations. All improvement standards will be met. No signage proposed. According to the Land Use code, Table16-J Off Street Parking Standards by Use, A single-family, duplex, and ADU is required 1 space per unit. Also, home occupation/home businesses require 1 parking space. The applicant currently has provided 3 off street parking spaces available on the property and meets the required parking for the property. In the R-2 zone district the landscape requirement is 45% coverage with 6 trees located on the property. The applicant has met the above landscape requirements within the proposal. The applicant has not proposed signage within the application. 3. Use Appropriate and Compatible. The use shall be appropriate to its proposed location and be compatible with the character of neighboring uses, or enhance the mixture of complementary uses and activities in the immediate vicinity. Applicant Response: The proposed second primary will be a single family residence which is the main use in the R-2 zone and the surrounding neighborhood. According to the Land Use code, Section , Residential Zone Districts, Median-Density Residential (R-2), The purpose of the Median-Density Residential (R-2) Zone District is to provide for residential neighborhoods comprised of detached single-family dwellings, duplex dwellings and multi-family residences on smaller lots than are permitted in the Single-Family Residential (R-1) zone district, allowing for slightly greater overall densities. Implementing multiple principal structures follows in accordance with the purpose of the R-2 Zone District, because the proposal increases density within the property by creating an additional primary residence. 4. Nuisance. The operating characteristics of the use shall not create a nuisance and the impacts of the use on surrounding properties shall be minimized with respect to noise, odors, vibrations, glare, and similar conditions. Applicant Response: The proposed second primary residence will not create any nuisance or negative impact as it is consistent with surrounding uses. Public Hearing, Item 3, Pg. 4

42 The applicant proposes a second primary residence and the surrounding properties are primarily single-family residences. The residence would not create a nuisance as it in accordance with the neighborhood. 5. Facilities. There shall be adequate public facilities in place to serve the proposed use, or the applicant shall propose necessary improvements to address service deficiencies which the use would cause Applicant Response: As a proposed single family residence no public facilities will be required. Adequate municipal utilities will be provided to service the proposed residence. Public facilities will not be required for the proposed second primary structure. The applicant will be allowed to connect the existing water line from 9 th street to the proposed second primary structure, but will need to construct a new water line to the existing residence. This will allow the proposed second principal structure to not be constructed on top of the existing water line. The applicant will be required to contact public works for placement of the new water line that will connect to the existing single family residence on the property. 6. Environment. The use shall not cause significant deterioration to water resources, wetlands, wildlife habitat, scenic characteristics, or other natural features. As applicable, the proposed use shall mitigate its adverse impacts on the environment. Applicant Response: The proposed project will not have impact any current natural features of the site. The area is undeveloped area of the owner s property. The applicant s proposal will not result in deterioration of the water resources, wetlands, wildlife habitat, scenic characteristics, or other natural feature. AGENCY REVIEW COMMENTS: Public Works Director, Bob Salmi: The proposal will need to construct a new water line to the existing house and to use the existing water tap to the proposed residence. Finance Department, Renee Thonhoff: 908 D Street has utility account New water and sewer taps as well as meter are required for second dwelling. REQUIRED ACTIONS BY THE COMMISSION: 1. The Commission shall confirm that adequate notice was provided and a fee paid. 2. The Commission shall conduct a public hearing. 3. The Commission shall make findings regarding the proposed use in order to ensure the use is consistent with the Comprehensive Plan, conforms to the Land Use Code, is appropriate to its Public Hearing, Item 3, Pg. 5

43 location and compatible with neighboring uses, is served by adequate public facilities and does not cause undue traffic congestion or significant deterioration of the environment. RECOMMENDED FINDINGS: 1. This application is consistent with the Land Use Code and the surrounding neighborhood because a single family residence is compatible with the surrounding neighborhood. 2. The applicable review criteria for limited review applications have been met. RECOMMENDED ACTION: Based on the above findings, staff recommends APPROVAL, with three (3) conditions, for the limited impact review request to construct a second primary structure on the property within the medium density residential (R-2) zone district. 1. The applicant cannot exceed a height of 25 feet on the proposed second primary structure as to match the mass and scale of the surrounding neighborhood. 2. The applicant is required to connect the current water line from 9 th Street to the proposed second primary building. The applicant will be required to coordinate with public works for appropriate placement of the new water line that connects to the existing residence. 3. That this Limited Impact approval expires in three (3) years from the date of its approval if a building permit for the second principal structure has not been issued and acted upon RECOMMENDED MOTION: That the recommended findings be made and the recommended action be taken. BECAUSE THIS APPLICATION IS FOR A LIMITED IMPACT REVIEW, THE SALIDA PLANNING COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION. THE DECISION OF THE PLANNING COMMISSION MAY BE APPEALED WITHIN 15 DAYS OF THE DECISION BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION OF THE LAND USE CODE. Attachments: Application form Site plan Public Hearing, Item 3, Pg. 6

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53 STAFF REPORT MEETING DATE: June 27, 2016 AGENDA ITEM TITLE: AGENDA SECTION: Little River Propoerties Annexation Annexation Petition Public Hearing REQUEST: The request is to annex to the City of Salida (the City ) a certain unincorporated tract of land comprised of forty-five and three-tenths (45.3) acres located on the southeast corner of Highway 291 and County Road 105 in the County of Chaffee, State of Colorado. PETITIONERS: James L Treat, represented by Tom Pokorny, P.O. Box 745, Salida, CO LOCATION: The subject property is a certain unincorporated tract of land comprised of forty-five and threetenths (45.3) acres located on the southeast corner of Highway 291 and County Road 105 in the County of Chaffee, State of Colorado, as shown on the plat map below. Public Hearing Agenda Item 4, Page 1 of 4

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55 PROCESS: An application for annexation is a multi-step process. The application has been accepted by the City Council and scheduled for a public hearing on August 2, The request is addressed by the Commission through a public hearing process. The Commission shall review the annexation map and all required supportive information and shall submit a written recommendation to the City Council. In its review of the application, the Commission shall focus on the standards for annexation contained in Chapter 16, Article IX, Annexation, of the Municipal Code. Staff has also provided the Annexation Impact Report required by State Statue for review by the Commission. City Council has final decision-making authority for this application. OBSERVATIONS: 1. Annexation of the subject property is underway, with a public hearing scheduled before the City Council on August 2, Properties adjacent to the parcels are zoned Commercial (C-1), Manufactured Housing Residential (R-4), Planned Development (PD), and adjacent undesignated land in Chaffee County. 2. The proposed annexation has greater than 1/6 th contiguity with the municipal boundary of the City of Salida. 3. The annexation property is under single ownership and the owner is a party to the annexation. 4. The annexation property is currently zoned residential and commercial in Chaffee County. 5. The annexation property is adjacent to existing water and sewer infrastructure. The property can be served by water, sewer in addition to the fire and police departments. 6. The property is a natural extension of the City s municipal boundary and meets the legal requirements for annexation. 7. The property includes the County Road 105 right-of-way, which will be included in this annexation. Maintenance will be provided by the City of Salida. A CDOT access permit has been submitted and is under review. CDOT may require additional improvements to the intersection of County Road 105 and Highways 50 and The annexation of the property is consistent with the vision and goals set forth in the Comprehensive Land Use Plan. Specifically, it is a strategic goal of the Plan to provide for new neighborhoods and opportunities for a variety of housing types and densities. In addition, the proposal will provide for a logical extension of the City boundary to support the demand for commercial and residentially zoned land, which will provide both housing and job opportunities. REVIEW AGENCY COMMENTS Finance Department No concerns with annexation. Water and sewer taps will be required at the time of development. Fire Department No comments at this time. Police Department No comments at this time. Public Hearing Agenda Item 4, Page 3 of 4

56 Public Works No concerns at this time. Chaffee County County Staff were provided with the annexation petition and no further comments have been received. Because the property is greater than 10 acres, an Annexation Impact Report (AIR) was provided to the County Commissioners. The applicant s representative and City staff will formally present the AIR to the County Commissioners on July 19 th, Colorado Department of Transportation CDOT has not commented on this proposal at this time. The applicant has submitted an access permit for consideration. County Road 105 provides legal access to the property. RECOMMENDED FINDINGS: 1. That the application meets the requirements of Article IX for annexations. 2. That the applicant can enter into an annexation agreement which will detail any issues or additional requirements negotiated and approved by the City Council, including, but not limited to conditions recommended by the Planning Commission. 3. Adequate public facilities are in place to serve the property. 4. That the annexation provides for orderly development of the City by annexation of an area that is legally eligible for annexation and a natural extension of the municipal boundary. 5. That the property can be served by the City for sewer, water and police and fire protection. 6. That the property is consistent with the future development potential in the area. 7. That the annexation implements the Comprehensive Plan and support the vision and goals set forth therein. RECOMMENDED ACTION: Based upon the observations, review standards, and findings outlined above, staff recommends the following: That the Commission recommend approval of the application to annex land comprised of forty-five and three-tenths (45.3) acres located on the southeast corner of Highway 291 and County Road 105 in the County of Chaffee, State of Colorado RECOMMENDED MOTION: That the recommended findings be made and the recommended action be taken. Attachments: Application, Petition, Annexation Plat, and Annexation Impact Report Public Hearing Agenda Item 4, Page 4 of 4

57 Requested Information: Little River Properties Annexation Application PREPARED BY: Natural Habitats: Tom Pokorny Phone: Fax: Address: P.O. Box 745, Salida, CO APPLICANT: CR105, LLC P.O. Box 1351, Salida, CO Contact : Dan Thomas, Tom Pokorny Phone: Prepared for: Salida City Council PURPOSE OF REPORT To provide an overview of the proposed annexation, per the requirements of , Salida Land Use and Development Code. BASIC SITE INFORMATION General Description: The annexation site is comprised of 45.3 acres located to the southeast of the intersection of Hwy 50, Hwy 291/Oak St. and CR 105. It is bordered by Hwy 50 to the west, CR 105 to the north, the middle of the Arkansas river to the east CR 105/Arkansas River to the east and the Pinto Barn parcel of the Vandaveer Ranch to the south. The South Arkansas River runs through the property, dividing it into north and south parcels, each of approximately 21.5 acres. The current owners have signed an affidavit to allow Dan Thomas and Tom Pokorny, managing members of CR 105, LLC to apply for annexation and re-zoning. Parcel ID: R and Parcel No R Current Owner: James L. Treat and Wanda L. Treat (Little River Properties, LLC), 225 G St. Street Address: 225 G. St, Salida, CO Jurisdiction: Currently, Chaffee County Size: 45.3 acres Zoning: Currently zoned RR- Rural Residential per Chaffee County Zoning codes. Title: Title work is on file with the City of Salida ZONING --- Current and Proposed: Current Zoning: RR-Rural Residential Proposed Zoning: The underlying zoning is comprised of C-2, RMU, R-2 and R-3.

58 Adjacent zoning: (see Neighborhood Zoning Map, attached) The property to the north along Hwy 50 is zoned C-1. To the north across CR 105 is zoned R-4, The property to the east across the Arkansas River is Railroad property. The property to the south is zoned PD, within the City and Rural Residential (RR) for that portion in the County. The properties across Hwy 50 to the west are zoned RR in the county and PD for that portion of Vandaveer Ranch in the City. Current Property use: Agriculture Proposed Use: Phased commercial and residential development with greenbelt/park utilizing a Planned Development process. The development plan will be presented within a PD application in the future. ANNEXATION NARRATIVE: How the petition meets the review standards for annexation Benefits and Costs: It is the stated desire of the City to promote commercial development (Ordinance ). The annexation will provide 4.5 acres zoned C-2. It is the stated desire of the City to promote adequate parks, trails and open spaces to meet the needs of a growing population (Ordinance ). The proposed annexation provides 6.03 acres of open space with a public easement of approximately two thousand feet (2,000 ) along the South Arkansas River for a pedestrian/bike path. We anticipate that future development on the south side of the river will and another 4 acres of open space for a total of 10 acres of open space and parks that border approximately 2,000 of the S. Arkansas River and 1,450 of the Arkansas River. The City code states that extraordinary contributions may include public access to a waterway or important trail connection. The proposed project will provide public access to both the South Arkansas River and Arkansas River, with approximately two thousand (2,000) feet of new pedestrian/bike trails along the S. Arkansas River. The City feels so strongly about such extraordinary contributions that they allow for a

59 reduction of overall dedication requirements. (Ordinance , Sec. 2, c) It is the stated desire of the City to provide affordable housing to those in need. This annexation will meet the City s requirement, as outlined in the Annexation Agreement (to be negotiated). It is the stated desire of the City to provide energy efficient housing. This is outside the purview of the project as we will not be building structures. However, the building department s adopted code assures that all new construction meet or exceed the 2006 International Energy Code. Moreover, environmentally responsible, pedestrian friendly, neighborhood projects such as we are proposing offer benefits including: 1) more efficient land use, 2) reduced need for infrastructure (this property already is served with water, sewer, gas and electricity), 3) a wider and more sustainable range of transportation options --- including walking and biking. The City of Salida is in great need of more housing at this time. The annexation will provide zoning that will allow for a mix of housing. Economic Development: In the short term, the build out of projects on this annexation will provide a large economic stimulus to the community. Over time, the new residents and commercial tenants will continue to generate and pay sales taxes and utility fees. Agreements: Any agreements as a condition of annexation are yet to be negotiated (see Annexation Agreement TBD). Public Facilities & Services: By providing a high and moderate density project, the development maximizes the existing infrastructure (sewer, water, gas, and electricity). The developers are willing to grant a public easement to the City for a pedestrian/bike trail. The developer will build an on site water detention system, thus not straining the non-existent storm sewer system. Existing water rights, ditches and ponds will be used to provide irrigation water for the greenbelt and park areas, rather than drawing from the City water. Orderly Development for the City: The annexation is a logical extension of the City. The land abuts developed commercial lots along Hwy 50 and will continue this use

60 pattern by annexing approximately 4.5 acres into the city as commercial zoning. Where the land abuts existing R-4 zoning across CR 105 to the north, the annexation proposes R-3 zoning. The development does not have to extend any utilities to the property; it is already served with City water and sewer mains that extend through the property, with gas along the northern stretch of CR105 and electricity run along both the northern and western length of the property. Conformation to the Comprehensive Plan: We have incorporated the following guidelines from the Comp Plan, which is the official adopted advisory document that outlines a community s goals for the future and provides direction for elected and appointed officials in making decisions regarding proposals for new development. It provides guidance for decisions affecting growth and annexations and the use and development of land, preservation of open space (pg 6 of 118 of Comp Plan): The annexation is contiguous to existing neighborhoods and commercial uses The annexation is contiguous to existing infrastructure. In fact, the property is currently served by roads, electricity, gas, water and sewer. The annexation will provide a diverse underlying zoning to encourage varied housing types to serve a diverse socio-economic population of varying income levels. (Policy H-I 1, Action H-I 4.a) Affordable housing: the annexation agreement will provide for affordable housing, (Principle H-II of Chapter 6 Housing) The zoning allows for a mixed use development, providing employment opportunities and discouraging automobile use.. Provision of parks, trails, and open space --- We will designate 6.03 acres of open space now and we anticipate that future development will designate approximately another 4 acres of open space, all adjacent to or in both the South Arkansas and Arkansas Rivers. Moreover, we will dedicate a public easement of approximately two thousand feet for a pedestrian/bike path. Housing for the Community: Affordable housing: the annexation will provide affordable housing, per the annexation agreement.

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65 LEGAL DESCRIPTION: ALL THAT TRACT OF LAND LOCATED WITHIN THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 49 NORTH, RANGE 9 EAST OF THE NEW MEXICO PRINCIPAL MERIDIAN, CHAFFEE COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY 50 AND THE SOUTH LINE OF SAID SECTION 4, FROM WHENCE THE WITNESS CORNER FOR THE SOUTH QUARTER CORNER OF SAID SECTION 4, MARKED BY A 3 1/4" BUREAU OF LAND MANAGEMENT BRASS CAP, BEARS SOUTH 88 49'15" EAST, A DISTANCE OF FEET; THENCE NORTH 27 13'37" WEST ALONG SAID EASTERLY HIGHWAY RIGHT-OF-WAY, A DISTANCE OF 1, FEET; THENCE, CONTINUING ALONG SAID HIGHWAY, NORTH 34 33'03" WEST, A DISTANCE OF FEET; THENCE NORTH 00 17'46" EAST, A DISTANCE OF FEET TO THE NORTHERLY RIGHT-OF-WAY OF CHAFFEE COUNTY ROAD 105; THENCE SOUTH 89 16'55" EAST ALONG SAID NORTHERLY COUNTY ROAD RIGHT-OF-WAY, A DISTANCE OF FEET TO THE WESTERLY RIGHT-OF-WAY OF SCOTT STREET; THENCE NORTH 00 04'55" WEST ALONG SAID WESTERLY RIGHT-OF-WAY OF SCOTT STREET, A DISTANCE OF FEET; THENCE SOUTH 88 59'55" EAST, A DISTANCE OF FEET TO THE EASTERLY RIGHT-OF-WAY OF SAID SCOTT STREET; THENCE SOUTH 01 10'05" WEST ALONG SAID EASTERLY RIGHT-OF-WAY OF SCOTT STREET, A DISTANCE OF FEET TO SAID NORTHERLY RIGHT-OF-WAY OF CHAFFEE COUNTY ROAD 105; THENCE SOUTH 88 59'55" EAST ALONG SAID NORTHERLY COUNTY ROAD RIGHT-OF-WAY, A DISTANCE OF FEET; THENCE, CONTINUING ALONG SAID NORTHERLY COUNTY ROAD RIGHT-OF-WAY, SOUTH 89 05'41" EAST A DISTANCE OF FEET; THENCE, CONTINUING ALONG SAID NORTHERLY COUNTY ROAD RIGHT-OF-WAY, SOUTH 89 46'40" EAST, A DISTANCE OF FEET; THENCE SOUTH 08 33'11" WEST, A DISTANCE OF FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE SOUTH 89 14'20" EAST ALONG SAID NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, A DISTANCE OF FEET, MORE OR LESS, TO THE WESTERLY RIGHT-OF-WAY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD (NOW UNION PACIFIC);

66 THENCE SOUTHEASTERLY ALONG SAID RAILROAD RIGHT-OF-WAY, A DISTANCE OF 968 FEET, MORE OR LESS, TO THE CENTER OF THE ARKANSAS RIVER; THENCE SOUTHEASTERLY ALONG SAID CENTER OF THE ARKANSAS RIVER, A DISTANCE OF 710 FEET, MORE OF LESS, TO THE SOUTH LINE OF SAID SECTION 4; THENCE NORTH 88 48'25" WEST ALONG SAID SOUTH LINE OF SECTION 4, A DISTANCE OF 64 FEET, MORE OR LESS, TO THE WEST BANK OF THE ARKANSAS RIVER; THENCE NORTHWESTERLY ALONG SAID WEST BANK OF THE ARKANSAS RIVER, A DISTANCE OF 328 FEET, MORE OR LESS, TO THE SOUTH BANK OF THE SOUTH ARKANSAS RIVER; THENCE WESTERLY ALONG SAID SOUTH BANK OF THE SOUTH ARKANSAS RIVER, A DISTANCE OF 31 FEET, MORE OR LESS, TO THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 105; THENCE SOUTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 105, A DISTANCE OF 295 FEET, MORE OR LESS, TO SAID SOUTH LINE OF SECTION 4; THENCE NORTH 88 48'25" WEST ALONG SAID SOUTH LINE OF SECTION 4, A DISTANCE OF FEET TO SAID WITNESS CORNER TO THE SOUTH QUARTER CORNER OF SECTION 4; THENCE, CONTINUING ALONG SAID SOUTH LINE OF SECTION 4, NORTH 88 49'15" WEST, A DISTANCE OF FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE PROPERTY DESCRIBED IN BOOK 371 AT PAGE 211 IN THE OFFICE OF THE CHAFFEE COUNTY CLERK & RECORDER.

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71 LITTLE RIVER PROPERTIES, LLC ANNEXATION ANNEXATION IMPACT REPORT PRESENTED TO: CHAFFEE COUNTY & CITY OF SALIDA, COLORADO June 21, 2016 Little River Properties, LLC Annexation Page 1

72 Table of Contents ANNEXATION IMPACT REPORT SUMMARY... 3 APPENDIX A PRESENT MUNICIPAL BOUNDARIES... 8 APPENDIX B PROPERTY TO BE ANNEXED... 9 APPENDIX C UNDERLYING ZONING AT ANNEXATION...10 APPENDIX D EXISTING UTILITIES ON PROPERTY WATER & SEWER...11 APPENDIX E DRAFT ANNEXATION AGREEMENT... 12A Little River Properties, LLC Annexation Page 2

73 ANNEXATION IMPACT REPORT SUMMARY As required by C.R.S , the City must prepare an impact report concerning the proposed annexation at least twenty-five (25) days prior to the Council hearing and forward the report to the Chaffee County Board of County Commissioners within five (5) days thereafter. Required Elements of the Report: 1. A map or maps of the municipality and adjacent territory to show the following information a. The present boundaries of the municipality in the vicinity of the proposed annexation. (Larger Map Provided in Appendix A.) Figure 1- Present Municipal Boundaries b. The present boundaries of the municipality in the vicinity of the proposed annexation. (Larger Map Provided in Appendix A.) The property included in this annexation is shown in Figure 2 and is summarized in this section. A digital copy of the Annexation Map has been provided to the Chaffee County Director of Development Services and Planning Manager. Little River Properties, LLC Annexation Page 3

74 Figure 2 is a portion of the municipal map and shows the surrounding properties and their current zoning. The map below shows the proposed zoning (see Appendix C for large image). Little River Properties, LLC Annexation Page 4

75 Figure 3 Satellite Photo of Property being annexed Figure 3 shows the property to be annexed and is described below. Jim Treat, Little River Properties, LLC. Approximately 45.3 acres that lie to the south of CR 105, to the east of Hwy 50, to the west of the Arkansas River and to the north of the Vandaveer Ranch property. The South Arkansas divides the property in two (approximately 20 acres to north and 23 acres to the south and 2 in the Arkansas river) as it flows to the confluence. The southern edge of the property is defined by the line between green grass and the dried up property to the south. 2. The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and The existing and proposed land use pattern in the areas to be annexed; a. The only present County Road included in the annexation is a portion of CR 105 shown in Figure 2 & 3 and Appendix B. The applicant will dedicate approximately 0.4 acres to the City so that CR 105 will have the required right of ways as defined by the City of Salida. b. There is a 12 City of Salida water main that lies within a 20 easement along the western border of the property. It extends throughout the property (see Little River Properties, LLC Annexation Page 5

76 Appendix D). Any future development on this site will tap into this line at the developer s cost. c. There is an existing 24 sewer trunk line that extends through the entire property. This line is shown on the Existing Utilities map (see Appendix D). d. The property is currently zoned RR and its current use is agriculture. The property is flood irrigated to grow grass for both cattle and horses. e. The proposed zoning is shown in Appendix C below. 3. A copy of any draft or final pre-annexation agreement, if available. There is not available at this time a draft annexation agreement. 4. A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation; a. The City has no plans to extend services at this time. The developer of the property will be responsible for all service extensions. All future development of the property will be required to be connected to municipal utilities. 5. A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed; a. There are no plans for the City to pay for or finance the extension of municipal services. All utility extensions will be the responsibility of the developer of the property. 6. A statement identifying existing districts within the area to be annexed; a. The properties currently lie within the geographic boundaries of the South Arkansas Fire Protection District, the Upper Arkansas Water Conservancy District, the Salida School District R-32, the Salida Regional Library District, etc With annexation, the developer would apply to be removed from the South Arkansas Fire Protection District. 9. A statement on the effect of annexation upon local-public school district systems, including the estimated number of students generated and the capital construction required educating such students. a. The Salida School District does not have a standard formula that they use to project the estimated number of students generated by further development. The student generation rate calculated by RPI Consulting for the 2003 report School Land Dedication/Fees in Lieu found that the overall student generation rate was students per household. We anticipate that the property will accommodate approximately 60 residential lots and a commercial center. Conservatively, there could be up to 90 units. Using the overall generation rate of students per Little River Properties, LLC Annexation Page 6

77 household, there could be a possible 30 new students for the public schools. Split evenly across 12 grades, that is approximately 6 students per grade. Based on the same RPI report the per-child projection of capital construction needed to educate additional students is a gross fee of $ per unit. With 90 units projected this would be an impact of $22,860 for the school district. Little River Properties, LLC Annexation Page 7

78 APPENDIX A PRESENT MUNICIPAL BOUNDARIES Little River Properties, LLC Annexation Page 8

79 APPENDIX B PROPERTIES TO BE ANNEXED Little River Properties, LLC Annexation Page 9

80 APPENDIX C UNDERLYING ZONING Little River Properties, LLC Annexation Page 10

81 APPENDIX D EXISTING UTILITIES LOCATION WATER AND SEWER Little River Properties, LLC Annexation Page 11

82 APPENDIX F DRAFT ANNEXATION AGREEMENT Little River Properties, LLC Annexation Page 12

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85 STAFF REPORT MEETING DATE: June 27 th, 2016 AGENDA ITEM TITLE: AGENDA SECTION: Little River Properties - Zoning Review Public Hearing REQUEST: The request is to recommend zoning designations for the forty-five and three-tenths (45.3) acres located on the southeast corner of Highway 291 and County Road 105 in the County of Chaffee, State of Colorado. The applicant is requesting Central Business (C-2), Residential Mixed Use (RMU), Single-Family Residential (R-1), Medium-Density Residential (R-2), and High-Density Residential (R-3). The C-2 and southern RMU parcels will be included in the Highway 50 Corridor Overlay. APPLICANT: James L Treat, represented by Tom Pokorny, P.O. Box 745, Salida, CO LOCATION: The subject property is a certain unincorporated tract of land comprised of forty-five and threetenths (45.3) acres located on the southeast corner of Highway 291 and County Road 105 in the County of Chaffee, State of Colorado, as shown below. Public Hearing Agenda Item 5, Page 1 of 5

86 BACKGROUND REVIEW: All territory annexed to the City subsequent to July 3, 2002 shall be zoned according to district classifications of Article IV and detailed in Section Such classification shall be determined by the City Council, upon recommendation of the Planning Commission. Zoning of the property is the second step in the annexation process. The applicant is requesting the following district designations: Lot 1, 4.47 Acres: Central Business (C-2) and Highway 50 Corridor Overlay, The purpose of the Central Business District is to provide for the business and civic functions that make up the City s core. The Central Business District has a strong pedestrian character and provides for concentrated commercial activity. It contains a mix of business, commercial and residential uses, and serves the needs of the entire community and of visitors to the community. The Highway 50 Corridor Overlay provides additional landscape and architectural standards to provide for attractive and functional development within the corridor. Lot 2, 5.27 Acres: High-Density Residential (R-3), the purpose of the High-Density Residential district is to provide for relatively high density duplex and multi-family residential areas, including primarily triplex, townhouse and apartment uses. Complementary land uses may also include such supporting land uses as parks, schools, churches, home occupations or day care, amongst other uses. Lot 3, Acres: Medium-Density Residential (R-2), the purpose of the Medium-Density Residential district is to provide for residential neighborhoods comprised of detached singlefamily dwellings, duplex and multiple-family residences on smaller lots that are permitted in the Single-Family Residential district, allowing for slightly greater overall densities. Public Hearing Agenda Item 5, Page 2 of 5

87 Complementary land use may also include such supporting land uses as parks, schools, churches, home occupations or day care, amongst other uses. Lot 4, 2.17 Acres & Lot 5, Acres: Residential Mixed Use (RMU), The purpose of the Residential Mixed Use district is to provide for opportunities for an integration of residential and commercial uses that are developed and operated in harmony. The district should provide a variety of housing choices and promote pedestrian connections. Lot 5 will be included in the Highway 50 Corridor Overlay. Requested zoning map below. OBSERVATIONS: This section is intended to highlight concerns raised by staff to assist the Commission in doing the same. Additional concerns or questions may arise after a presentation by the applicant. 1. Annexation of the subject property is underway, with a public hearing scheduled before the City Council on August 2 nd, Zoning the property is required at the time of annexation. 2. The property consists of approximately 45.3 acres of land located on the southeast corner of County Road 105 and the intersection of Highway s 291 & 50. The South Arkansas river flows west to east across the property and roughly divides it in half. A small section of the eastern parcel boundary abuts the main channel of the Arkansas River. Public Hearing Agenda Item 5, Page 3 of 5

88 3. The proposal has several zoning districts that will prove a mix of higher-density land uses intended for the development of an integrated pedestrian friendly neighborhood. 4. The property has access from County Road 105. CDOT will require a traffic study at the time of final development. 5. The property can be served by City water and sewer and extension costs will be installed by the developer. 6. The zone districts provide compatible land uses with complimentary densities. The proposed districts are consistent with the goals of the Salida Comprehensive Plan. REVIEW STANDARDS FOR MAP AMENDMENTS Section (c) 1. Consistent with Comprehensive Plan. The proposed amendment shall be consistent with the Comprehensive Plan. The property is a natural extension of the City s municipal boundary. The annexation of the property is consistent with the vision and goals set forth in the Comprehensive Plan and is compatible with adjacent land and appropriate for the area. 2. Consistency with Purpose of Zone District. The proposed amendment shall be consistent with the purpose of the zone district to which the property is to be designated. The applicant is requesting four zone district designations. The district boundaries will be the same as the boundaries proposed by the subdivision. The proposed districts will provide for a variety of residential and commercial uses with the intent of developing a mixed-use higher density pedestrian friendly neighborhood. Designation of the subject property is consistent with the surrounding area and will provide an appropriate gateway to the community. 3. Compatibility With Surrounding Zone Districts and Uses. The development permitted by the proposed amendment shall be compatible with surrounding zone districts, land uses and neighborhood character. The zoning classifications are consistent with the zoning of other properties in the area. The proposal is adjacent to Commercial (C-1) and Manufactured Housing Residential (R-4) which provides for relatively high density to the north. The west and south properties are zoned Planned Development as part of the Vandaveer Ranch. These parcels allow for higher density and a mix of residential, educational, and commercial uses. County Road 105 and the Arkansas River bind the property on the east. The proposed zoning classifications are compatible with the surrounding zoning and land uses. 4. Changed Conditions or Errors. The applicant shall demonstrate that conditions affecting the subject or the surrounding neighborhood have changed, or that due to incorrect assumptions or conclusions about the property, one (1) or more errors in the boundaries shown on the Official Zoning Map have occurred. Public Hearing Agenda Item 5, Page 4 of 5

89 This application is a result of the need for zoning due to annexation, not due to a map error or change in use in the neighborhood. RECOMMENDED FINDINGS: 1. That the application is compliance with the review standards for map amendments. The proposed zone district designations for these parcels further the goals and policies of the Salida Comprehensive Plan and are compatible with the zoning and use of nearby and neighboring properties. RECOMMENDED MOTION: Based upon the observations, review standards, and findings outlined above, staff recommends the following: That the Commission recommend approval of the application to designate the forty-five and threetenths (45.3) acres located on the southeast corner of Highway 291 and County Road 105 in the County of Chaffee, State of Colorado, commonly known as Little River Properties, with the following zone districts as described on the attached zone district map and noted below: Lot 1, Central Business (C-2) and Highway 50 Corridor Overlay Lot 2, High-Density (R-3). Lot 3, Medium-Density (R-2) Lot 4, Residential Mixed-Use (RMU) Lot 5, Residential Mixed-Use (RMU) and Highway 50 Corridor Overlay RECOMMENDED MOTION: That the recommended findings be made and the recommended action be taken. BECAUSE THIS APPLICATION IS FOR A PLANNED DEVELOPMENT, THE PLANNING COMMISSION IS MAKING A RECOMMENDATION TO THE SALIDA CITY COUNCIL WHICH WILL MAKE THE FINAL DECISION ON THIS APPLICATION. Public Hearing Agenda Item 5, Page 5 of 5

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95 STAFF REPORT MEETING DATE: June 27 th, 2016 AGENDA ITEM TITLE: AGENDA SECTION: Little River Properties Minor Subdivision review Public Hearing REQUEST: The request is for approval to subdivide a parcel of land into (5) five lots to be known as the Little River Properties, LLC Minor Subdivision. APPLICANT: James L Treat, represented by Tom Pokorny, P.O. Box 745, Salida, CO LOCATION: The subject property is a certain unincorporated tract of land comprised of forty-five and threetenths (45.3) acres located on the southeast corner of Highway 291 and County Road 105 in the County of Chaffee, State of Colorado, as shown below. Public Hearing, Agenda Item 6, Page 1 of 7