River Rock Estates Sketch Plan, a proposed major subdivision in S24, T35N R2W NMPM on County Rd 119 (PLN18-336)

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1 MEMORANDUM Archuleta County Development Services Planning Department 1122 HWY 84 P. O. Box 1507 Pagosa Springs, Colorado Fax TO: Archuleta County Planning Commission FROM: John C. Shepard, AICP; Planning Manager DATE: December 12, 2018 RE: River Rock Estates Sketch Plan, a proposed major subdivision in S24, T35N R2W NMPM on County Rd 119 (PLN18-336) EXECUTIVE SUMMARY River Rock Estates, LLC, represented by Jari Sage, BWD Construction, has applied for Sketch Plan review of a proposed Major Subdivision River Rock Estates to develop 87 Dwelling Units on acres (Fairway Land Trust Exemption Plat) immediately adjacent to the Town of Pagosa Springs on County Rd 119 (Light Plant Road) (Case File PLN18-336). The property is part of the Reservoir River Ranch Planned Unit Development (PUD), which was granted certain vested rights by Board Resolution , including a conceptual density of up to 160 residences and 160,000 gross square feet of commercial density at this approximate location. Applicants are considering a phased approach, starting with the homes along the street closest to the river first with access from 3 rd St. inside Town limits. Almost the entire parcel is located in Approximate Zone A floodplain, regulated by FEMA and the Colorado Water Conservancy Board (CWCB). REVIEW PROCEDURE Section 4.2 of the Archuleta County Land Use Regulations provides for Sketch Plan review, the first step in the subdivision review process. With more than 3 lots, this would be a Major Subdivision with the next step Preliminary Plan Review (Section 4.3) by the Planning Commission, then Final Plat Review (Section 4.4) by the Planning Commission and approval by the Board of County Commissioners. Applicants completed a Pre-Application Conference on 10/22/2108 and submitted this Sketch Plan on 11/07/2018. Staff is referring this Sketch Plan to the Planning Commission for informal initial review as provided by Section Since this project is also part of the Reservoir River Ranch Planned Unit Development (PUD), review by the Planning Commission and Board of County Commissioners of specific development plans will also follow procedures in Section Planned Unit Development (PUD) and section Rezoning.

2 DISCUSSION This acre parcel is located on County Rd 119 (Light Plant Road/Hot Springs Blvd in Town limits) adjacent to the Town of Pagosa Springs municipal limits on the north and west sides. Yamaguchi Park and the former Town sewage lagoons are west across the San Juan River. A buried ditch loosely follows the County Road right-of-way. The parcel was approved by the Archuleta County Board of County Commissions in 2017 as the Fairway Land Trust Exemption, a large-lot division of land (Future Development Parcel) for purpose of sale. Currently, the parcel is used for grazing (interim Farm & Ranch Use). Applicants are now proposing 87 dwelling units in a mix of single family detached and attached units (townhouses). The Archuleta County Community Plan of 2001, Future Land Use Map, designates this area as Tier One for High Density Residential development. Goals and policies of the Community Plan should be considered in relation to both the location and the scope and scale of the proposal Natural Resources and Hazards, Community Character, Economic Development and Housing, Transportation and Public Facilities, and Land Use. While new development is encouraged adjacent to existing development, rather than leapfrogging out into the countryside, this location, scope and scale of development may be more suited to the Town of Pagosa Springs rather than County jurisdiction. The property is zoned Planned Unit Development (PUD), as part of the Reservoir River Ranch Planned Unit Development approved by the Board of County Commissioners in That Conceptual Plan places the proposed development in Area 1 with about 10 acres for Mixed Use (residential & commercial) and 7.4 acres of public park and river trail, along the east bank of the San Juan River. 160 Residential Units were allocated to Area 1 along with 160,000 gross square feet of Commercial development potential. The PUD provides for transfer of residential density from one area to another within the overall Reservoir River Ranch development, when proposed at Preliminary Plat. Vesting of these property rights occurs in two periods initial Vesting through September 2019, then an additional 15 years Vesting with completion of certain additional requirements for Affordable Housing and public trails. This parcel is mostly covered by the San Juan River s floodplain, mapped as Approximate Zone A Special Flood Hazard Area (SFHA) or Floodplain Overlay District (FO). The SFHA has a detailed flood hazard map north of here, ending where town limits ends on the east side of the river (See Area Maps attached). The Town is completing a Letter of Map Change (LoMC) based on detailed engineering for the west side of the San Juan River, along Yamaguchi Park and the former sewer lagoons in Town limits. As a condition of approval of the Fairway Land Trust Exemption as a Future Development Parcel, Applicants were allowed to defer floodplain engineering required by Section 10 of the Land Use Regulations: 5. Base flood elevation data shall be provided prior to any further Subdivision applications, or no later than 18 months from this approval. (from 8/15/2017) Base Flood Elevation is that area with a 1% chance to be flooded in any years (the 100-year floodplain). Riverbend Engineering completed some surveying and detailed floodplain modeling Memo 12/12/18 p.2

3 as part of the Reservoir River Ranch PUD. Applicants included a workmap showing estimated Base Flood Elevations (BFEs) at this location; however, no narrative explanation nor documentation of the work was provided. This map shows that almost the entire parcel is subject to the 1% flood. Any structure built in this area must be elevated to at least 1-foot above BFE developing residential lots and blocks may require up to 10 of fill to elevate building sites out of the floodplain, requiring extensive engineering with no guarantee homes and occupants would not be at risk of a flood event. A Letter of Map Change (LoMC) will likely be necessary, and the County has committed to support such a request to FEMA by terms of the Development Agreement. C.R.S (3)(b) requires the subdivider to submit certain data with the sketch plan, including: (I) Reports concerning streams, lakes, topography, and vegetation; (II) Reports concerning geologic characteristics of the area significantly affecting the land use and determining the impact of such characteristics on the proposed subdivision; (III) In areas of potential radiation hazard to the proposed future land use, evaluations of these potential radiation hazards; (IV) Maps and tables concerning suitability of types of soil in the proposed subdivision, in accordance with any standard soil classifications and procedures therefor, for the proposed use; Sections through of the Archuleta County Land Use Regulations also request reports on topography, geology, and soils to assist with providing useful feedback at Sketch Plan Review. Generally speaking, NRCS web soil survey shows most of the site as Tefton loam, 1 to 3 percent slopes, with a small area of Abeyta-Carracs complex, 30 to 60 percent slopes. While those slopes may be limited to the east side of County Rd 119, any area in the Subdivision currently of greater than 20% slopes must be shaded on the Preliminary and Final plats. Tefton Loam is considered Prime Farmland as a floodplain step on valley floors. This area is also designated as Critical Habitat for the Endangered Pagosa skyrocket (Ipomopsis polyantha). Section 5.1 Subdivision Design Standards in the Land Use Regulations apply. Local Roads require a 60 right-of-way. If property will be developed by condominium or townhouse plat, the access may qualify as a driveway to meet Road & Bridge standards. See also Road & Bridge Standards (see below). Half-roads are not permitted, although alleys could be permitted with proper provisions for access and maintenance. Block lengths are limited to between 400 and The pedestrian rights-of-way shown mid-block help reduce impacts of longer block lengths. Easements must be provided for utilities, and for the existing irrigation ditch (shown on the Exemption plat). Since this is a PUD, however, custom standards can be proposed with sufficient show for cause to further the overall objectives of the Land Use Regulations. Section Planned Unit Development (PUD) provides additional review and approval criteria, including preservation of at least fifty (50) percent of the area as open space however, that is not specified as to individual phases or simply for the larger PUD overall. Encumbered as such by the floodplain Memo 12/12/18 p.3

4 hazard area, Applicants should specifically address how they will meet the requirement of Section Approval Criteria: (6) The design and layout of the PUD shall protect unique natural features and will not cause significant degradation of the environment. Review comments received include: County Engineering noted requirements of the Road & Bridge Design Standards & Construction Specifications, specifically 20-year traffic analysis, topography, drainage, extent of cut and fill, and construction plans and specifications (at the appropriate phase). A Traffic Study by a licensed P.E. will be required, and may prompt requirements for off-site improvements. County Engineering noted need for detailed grading & drainage plans, as well as storm water calculations and drainage structure engineering. County Engineering noted the need for a plan for maintenance and snow removal, since the County will not accept local roads for maintenance. This should include development and maintenance of common areas through Covenant controls. (The Town of Pagosa Springs will require similar plans for the planned street extension & any trail extension in Town limits.) County Building noted buildings will need to maintain minimum separation or fire resistant measures to meet building & fire codes. There are also requirements for floodplain construction and minimum fill to meet building codes. LaPlata Electric (LPEA) had no objection on Sketch Plan review. Pagosa Area Water & Sanitation District (PAWSD) noted the property is not currently located within District boundaries, though they have discussed the inclusion process for domestic water service only, as a single billing entity. PAWSD has water rights available for a fee. Pagosa Springs Sanitation and General Improvement District (PSSGID) noted that the parcel may already be located in the PSSGID district, but the maps are not clear. A sewer model has been run for 93 equivalent units. US Army Corps of Engineers noted a site visit with former owner Ken Levine (Fairway Trust) in 2013, where the Sr. Project Manager observed wetlands on the existing riparian area. The former owners did complete a pond project on the site in cooperation with the Archuleta County office of the USDA Natural Resources Conservation Service (NRCS) at about that time, without required Archuleta County floodplain development nor Sand & Gravel permits. (Commercial sand & gravel resources may be located on site.) Town of Pagosa Springs Planning staff were also provided a copy of the application, and indicated concerns with a major subdivision adjacent to Town limits, especially with access via a Town street. Town approval of the final plat(s) may be required by statute. Memo 12/12/18 p.4

5 NEXT STEPS: PRELIMINARY PLAN REVIEW As a Major Subdivision, the next step for this project is Preliminary Plan Review by staff and the Planning Commission according to Section 4.3 of the Archuleta County Land Use Regulations. The Preliminary Plan consists of a draft plat map (Sec ) with specific topography, proposed legal lot lines and phasing of improvements. More specific narrative detail is also provided: Professional Engineer s report on provision of water supply (Sec /Article III of the PUD). Evidence of suitable sewage treatment ( /Article IV of the PUD) Proof of access & provision for private maintenance of roads ( /6) Fire protection plan reviewed by Fire Marshall ( ) Public Land dedication requirements ( ) Proposed covenants & restrictions ( ) Professional engineer s flood hazard report ( ) Additional reports may be necessary for geologic hazard areas, wildfire hazard areas, mineral resource areas, or radiation hazard areas ( /12/13/14) The property is not adjacent to a State or Federal highway ( ) An erosion control plan is required ( ) A drainage Plan is required (See County Engineering comments above, Sec ) Additional supplemental information may be required at Preliminary Plan or Final Plat review when site conditions warrant, including preliminary engineering and construction plans. Full Design & Construction Drawings, and a complete Drainage Study, are required with Final Plat review. Given the scale of engineering within the extensive floodplain, review by third-party experts with specific technical expertise may be necessary to fairly evaluate the Major Subdivision proposal. These consulting services would be provided at the applicant s expense, as provided by Section Mineral Owners will need to be notified with Preliminary Plan review. Since this project is also part of the Reservoir River Ranch Planned Unit Development (PUD), Applicants will also propose a more specific development plan for this development, to meet Section Planned Unit Development (PUD) and section Rezoning. ATTACHMENTS. Attachment 1: Area Maps & Web Soil Survey map Attachment 2: Review Comments Attachment 3: Reservoir River Ranch Development Plan Attachment 4: Applicant Narrative Attachment 5: Fairway Land Trust Exemption Survey Attachment 6: Floodplain Workmap (Riverbend Engineering 1/03/2017) Attachment 7: Architect s Sketch Plan (2/15/2018) Memo 12/12/18 p.5