REGULAR PLANNING COMMISSION MEETING FOR AUGUST 26, 2015, 6

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1 Archuleta County Development Services Department ARCHULETA COUNTY PLANNING COMMISSION AGENDA Commissioners Meeting Room, 398 Lewis St, Pagosa Springs, CO Public is welcome and encouraged to attend. PM 6:00 P.M. REGULAR PLANNING COMMISSION MEETING FOR AUGUST 26, 2015, 6 ROLL CALL CONSENT: APPROVAL OF MINUTES July 22, 2015 Documents: MINUTES PDF OLD BUSINESS: Sketch Plan Review For PS-1 Minor Subdivision, A Remainder Tract Of Pagosa Vista Subdivision, Located North Of US 160 West Of Vista Boulevard, At 38 Vista Blvd. Denver McCabe, represented by Trinity Land Consultants, has submitted an application for Sketch Plan Review of a parcel to be split into 3-lots, to be known as PS-1 Minor Subdivision, of Remainder Tract G, Pagosa Vista Subdivision, located north of US Highway 160 and west of Vista Boulevard. The property is zoned PUD. Applicant has submitted a revised narrative and plan based on discussion at the May 27, 2015 Planning Commission. Staff circulated the revisions to CDOT and County Road & Bridge, and is providing further information on the PUD development process. Documents: NARRATIVE FINAL VERSION PDF, PS1_SUBDIVISION_AUG032015(LANDSCAPE).PDF, PS1_ -VICK- EGGLESTON_AUG2014.PDF, MARGIOTTA-PS-1SKETCH_LETTERS.PDF, PS- 1_SKETCH_CDOT_COMMENTS PDF, PS-1_SKETCH_ROAD- BRIDGE_COMMENTS_ PDF, MEMO- PUD_ZONE_DEV_REQ_AND_BACKGROUND PDF NEW BUSINESS: Mangold Access Easement Vacation Plat, In NW ¼ Of GLO Lot 2, S23 T35N R2W NMPM, At 155 Travis Place. Brian and Carleen Mangold, represented by Mountain Land Associates of Pagosa Springs, have made application for vacation of an access easement across their property, in the N1/2NW1/4 GLO Lot 2, and S1/2NW1/4 GLO Lot 2, S23 T35N R2W NMPM, at 155 Travis Place, Pagosa Springs, as provided by Section of the Archuleta County Land Use Regulations. Documents: VAC_MANGOLD_PC _STAFF_REPORT.PDF, A1-

2 AERIALMAP_ VAC.PDF, A2-MANGOLD_NARRATIVE.PDF, A3- ACCESSEASEMENTVACATIONPLAT (LANDSCAPE).PDF REPORTS, ANNOUNCEMENTS: NEXT MEETING: SEPTEMBER 23, 2015 ADJOURN Work Session On Community Plan (As Time Allows) Please Note: Agenda items may change order during the meeting; it is strongly recommended to attend the meeting at the start time indicated.

3 Archuleta County Development Services Department ARCHULETA COUNTY PLANNING COMMISSION MINUTES Archuleta County Planning Commission Minutes, Regular Meeting July 22, 2015 The Archuleta County Planning Commission held a regular meeting on Wednesday July 22, 2015, at 6:00PM at the Archuleta County Administrative Meeting Room, 398 Lewis Street, Pagosa Springs, Colorado. Michael Frederick called the meeting to order at 6:00PM. Commissioners in attendance: Michael Frederick, Anita Hooton, and Peter Adams. Staff in Attendance: Bentley Henderson County Administrator, John Shepard, AICP Planning Manager, and Sherrie Vick Planning Tech. Public in Attendance: Marvin Lord, Jon Bruss and Mozhdeh Bruss Reports/Announcements: None made Consent: Minutes from the March, April, May and June meetings were reviewed. Anita Hooton made a motion to approve the minutes as submitted by staff. Peter Adams seconded. The minutes we approved by a vote of 3-0. Old Business: None New Business: The two items were on the agenda, the rezone and minor subdivision for the Pagosa Skyrocket, would be considered at the same time and then motions made separately at the end. Bentley Henderson, County Administrator, on behalf of the Board of County Commissioners of Archuleta County, presented the project and gave the background on how the parcel was acquired and the purposed use of the parcel was to be recreational facilities. During the environmental study in 2012 it was discovered that an endangered plant, the Pagosa Skyrocket, and wetlands covered the majority of the parcel which made the parcel unusable for its intended purpose. The Colorado Division of Parks and Wildlife was approached to find a solution for the parcel s use. There were studies and surveys done on the parcel and it was determined that the County could divide off about 7 acres which could be used without impacting the wetlands or the Pagosa Skyrocket plant and the remainder would be conveyed to the State of Colorado. The process has several committees at the State level reviewing this proposal in August before the sale and transfer can be made. The development for the 7 acres has not been determined. The remaining 88 acres when the sale is compete will go through a management plan for development by the State and remain a park area with proceeds from the sale to reduce the original debt. John Shepard gave a review of the staff report. The parcel is currently zoned Agricultural Ranching; subdividing the smaller parcel out would make it smaller than the minimum lot size so rezoning the parcel would make it conforming and in compliance with the community plan. In 2010, there was a joint Town and County review of the urban service area and it was proposed that this area on HWY 84 be rezoned industrial so rezoning the parcel commercial would fit into the area. Commercial uses would fall under review of the land use regulations for the use and site plan development. For the rezone the two conditions in the staff report were highlighted as a reminder to follow through on those steps of the rezone.

4 Tract A meets the requirements of the Agricultural Ranching zoning and will be conveyed for open space and Tract B will meet the requirements of Commercial zoning once rezone is approved. There is an additional item to address the historical well house. It will be going through an administrative variance process for the setback because the property line was place next to the well house to best utilize the most area for Tract B. Review comments from the County Surveyor suggested that easements in accordance to Section 6 of the Land Use Regulations did not need to be shown because of the complicated nature of the plat with the irrigation ditch and overhead power lines noted on the plat. CDOT comments deferred access requirements to any future development plan and they would need to meet access management plans. La Plata Electric Association requested a 25 easement noted on the plat in the area for the overhead power lines. Commission member discussed that the County negotiate with La Plata Electric Association on the specifics for this easement for this site. There was discussion on the ditch and its location, the wetlands, the power line, and the access would be addressed when the proposal for development was submitted. Michael Frederick open the floor for public comment. Marvin Lord, representing the Tierra Del Oro HOA, showed support for the project to have it be open space and small commercial. Jon and Mozhdeh Bruss spoke their concern was over the commercial development is in direct sight of their kitchen window and they would have a concern on the type of development that was done there. Motion for the Rezone Anita Hooton moved and Peter Addams seconded a motion to recommend approval of the rezone of tract B of the purposed Pagosa Skyrocket minor subdivision to commercial with the conditions stated in the staff report. Vote 3-0 approved Motion for Subdivision: Anita Hooton recommended that the final plat approval to the BOCC with condition 1 of the staff report and the additional condition to delay the request of LPEA to establish a fixed easement for the overhead lines. Peter Adams seconded the motion. Further discussion on how to address the easements for tract B that the County would negotiate the exact location and specifics of the easement at the time of development. Staff would take your intent for the second condition and work with administration to clarify that condition before it goes to the Board for approval. After discussion, the Chair restated condition 2: the request of LPEA to show the easements on the plat would be deferred for later discussion between the County and LPEA and not show on the plat at this time. Vote 3-0 approved. Next Meeting: August 26, 2015 Adjourn: Anita Hooton moved to adjourn; Peter Adams seconded; meeting adjourned at 7:05pm. Approved this day of, 2015 Sherrie Vick Planning Technician Michael Frederick Chair Planning Commission Meeting Page 2 of 2 July 22, 2015

5 PROJECT NAME: PS-1 Minor Subdivision Plat Final Plat Application SUBMITTED TO: Archuleta County Planning Department SUBMITTED BY: Trinity Land Consultants, L.L.C. and Eggleston Kosnik LLC Location and Property Description Applicant PS-1, LLC is the owner of Remaining Tract G, Pagosa Vista, according to the plat thereof recorded September 13, 1971 at Reception # The Tract is a acre parcel adjacent to U.S. Highway 160, with an address of 38 Vista Boulevard. The Tract is currently zoned as a Planned Unit Development ( PUD ) under the Archuleta County Land Use Regulations, and applicant is not seeking to change that zoning designation. The Tract has two current legal and physical access points from Vista Boulevard, both of which serve a retail, commercial nursery business and provide access to the undeveloped remainder portions of the Tract. The current Tract and proposed division is depicted on the attached Plat (See Exhibit 1). The Tract has legal but not physical/practical access from Prospect Boulevard (Prospect has not been fully extended at this time). History This property is not within the Pagosa Lakes Property Owners Subdivision therefore is not restricted to PLPOA covenants. The Property has always and only been used as a commercial parcel, including past uses as a car dealership, welding/mechanical shop, and its current use as a commercial, retail nursery. The entire Tract/Property is assessed as a commercial parcel today according to Archuleta County records. In 2006, Applicant filed the Parkway Vista Commercial Minor Impact Subdivision, and in January 2007 received a memo from the Archuleta County Engineering Department commenting on the proposed project, including direction to align access to the property with Park Ave. and that the PLPOA is willing to donate the required easement for this road to the County. Applicant has tried, unsuccessfully, to obtain an easement from the PLPOA per the direction from Archuleta County. Applicant met with County Officials in the summer of 2014 to discuss options for the Property. The suggestions and consensus at that time was to seek a permanent access from Prospect Boulevard. Applicant suggested using a subdivision exemption process to split the Property; the County informed Applicant that the appropriate process was to file for a Minor Subdivision. (See attached as Exhibit 2). At the Planning Commission meeting on May 27, 2015, and in a follow up letter on June 3, 2015, Applicant was informed for the first time that it may need to file a separate application for zoning of the Property. Applicant does not agree that it is required to file a separate zoning application by the code or historical practice. Applicant is simply requesting that the BOCC approve its minor subdivision under section , with its current PUD zoning remaining unchanged. Applicant is i) not seeking a rezone of the parcel, ii) not proposing a change to the zoning classification of a parcel, and iii) not creating or amending a Planned Unit Development. See Section of the Code. Accordingly, Applicant is not required by the Code to file a rezoning application.

6 Proposal Applicant is filing this Final Plat Application, requesting that the Tract be divided into three legal parcels as a minor subdivision. Applicant does not seek a permit to change any current use or to currently develop any additional uses of the property. Applicant is also modifying its application based upon the feedback from the County Planning Commission. Applicant originally proposed that the eastern most parcel (Lot 1) permanently maintain its current accesses off of Vista Boulevard, with Lots 2 and 3 having a revocable access easement from Vista Boulevard, across Lot 1, with an additional access from Prospect Boulevard. Based on concerns that a commercial parcel(s) would have a primary access through a residential neighborhood, Applicant is now proposing that Prospect Boulevard be solely used as an emergency access with a crash gate. The proposed access and easement locations are depicted on the Plat (See Exhibit 1). Based on comments from CDOT requesting that interior access easement not be revocable, Applicant is modifying its proposal to have a permanent access easement to Lots 2 and 3 off of Vista Blvd. at the northern most boundary of Lot 1. Applicant is willing to move the current access to Lot 1 so that there is one ingress/egress point to all of the parcels. It was asserted at the Planning Commission that Planned Unit Developments ( PUD ) are limited to residential uses, based on the text in Section 3.6 of the Code. This ignores the Code s express definition of Planned Unit Development, which states that a PUD is a related group of residences, businesses, or industries and associated uses. This definition is consistent with other adjacent parcels that are Zoned PUD but have exclusively commercial operations and businesses. Applicant requests that the BOCC take into consideration these numerous existing parcels that are in the purple PUD zone but are used and assessed as commercial properties. These active commercial parcels include Ace Hardware, Harbison Motors, the Log Builder Office/Model Home (west of Ace), the Car Detail Shop off of Park Avenue, the Rok Wilson Parcel on the corner of Park Avenue/Seminole Drive, and the warehouse/commercial facility at 140 Seminole Drive. In addition to these 6 active commercial properties (used/assessed as commercial; zoned as PUD), there are numerous other vacant parcels that clearly appear to be intended for future commercial operations. It is clear from the above that Archuleta County has permitted numerous commercial/industrial uses in the PUD Zone, consistent with the Code s definition of Planned Unit Development and without the necessity of an owner having to establish separate zoning for the parcel. Applicant simply requests that it be treated the same as other adjacent property owners for the purpose of this Minor Subdivision under the Code. The intention of the current owner is to market Lot 1 with the use/infrastructure that is in place. Lots 2 & 3 will be marketed with the following notice: Lot/Parcel Owner Infrastructure Obligation - The then owner(s), its successors and assigns of the property is obligated to install and construct all on-site and off-site

7 infrastructure required for the development of Lots 2 & 3 and any improvements required by the County for Lot 1 if there is a change of use. The purpose of the above restriction is to inform subsequent owners that they have the obligation to construct all necessary on-site and off-site infrastructure. Sewer and Water Service Sewer and water service for Lot 1, Lot 2 and Lot 3 will be provided by Pagosa Area Water and Sewer, from the existing mains on Vista Boulevard. Please see attached letter from verifying availability of service from PAWS (Composite Exhibit 3).. Other (Shallow) Utilities Electric, gas and phone services for Lot 1, Lot 2 and Lot 3 will be extended in phases from the existing lines along Vista Boulevard. Please see attached letters from Source Gas, Century Phone and La Plata Electric verifying availability of services (Composite Exhibit 3). Easements/Minerals Easements will be provided for any utility services that must extend to each individual Tract, as all utilities can service the parcels from existing rights-of-way. Applicant is unaware of any mineral owners of record, oil and gas leases or affected ditch companies, and none are reflected on the Owners and Encumbrances Report submitted herewith. Wetlands Additional Information Wetlands exist on portions of Tract G but none are impacted by this Minor Subdivision Plat. Wetlands designation and mitigation must be conducted prior to future subdivision and development of Lot-2 and Lot-3. A Wetlands Report has been completed by Sugnet/ Moore Environmental attached is a Jurisdictional Determination from The Army Corps of Engineers. Geologic Characteristics and Soil Conditions A report from Western Technologies is attached for your review. Developer/Builder Responsibilities Access road, water, sewer, electric, gas, telephone, and cable TV services will be extended to the parcels by the individual parcel developer. The parcel developer will perform all necessary drainage improvements, driveway/road and utility service connections within and adjacent to the parcels. Density

8 No specific density is being proposed in this Application. Final density will be determined in a future application(s) when the then owner(s) decide what type of business/use/development will be located on the property.

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21 Archuleta County Development Services Planning Department 1122 HWY 84 P. O. Box 1507 Pagosa Springs, Colorado Fax MEMORANDUM TO: Archuleta County Planning Commission FROM: John C. Shepard, AICP; Planning Manager DATE: August 17, 2015 RE: PUD Zone District Development Requirements Development in a Planned Unit Development is a partnership between property owners, a property owners association, and the County. The Board of County Commissioners adopted a comprehensive revision of the Archuleta County Land Use Regulations on May 23, 2006, and adopted the first Official Zoning Map on August 22, 2006 (since revised and updated by resolution). Work sessions at the time on the Zoning Transition Program discussed mapping subdivisions, then developed as master-planned communities, into the newly created Planned Unit Development (PUD) zone district which addresses both zoning and subdivision standards. These areas included: Pagosa Lakes Property Owners Association subdivisions (approximately 6,000+ parcels) Reserve at Pagosa Peak Crowley Ranch Reserve A number of parcels adjacent to these areas, to avoid spot zoning. Since adoption of the Official Zoning Map, areas zoned PUD that had been subdivided into lots for final development have been considered a final PUD. Areas not previously subdivided are considered a preliminary PUD; a final PUD would be required prior to further development. The private land use designations specified by covenants of record at that time serve as the Development Plan for future approvals. Two new PUD developments have also been established since 2006 through the rezoning process, but have not proceeded to final approval: Reservoir River Ranch PUD (2009) River s Gate PUD (2010) Section of the Land Use Regulations provides for review of development in a PUD. An application for creation or amendment of a PUD follows Rezoning provisions for land use standards, as well as Major Subdivision review for sketch plan, preliminary plan, and final plat. In a PUD, the Development Plan (as defined in Section 11) outlines detailed provisions for development, which may include use, setbacks, density, and other provisions. Development standards in the Land Use Regulations still apply, including the need for Conditional Use Permits and Variances, unless addressed in a Development Plan.

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28 Archuleta County Development Services Planning Department 1122 HWY 84 P. O. Box 1507 Pagosa Springs, Colorado Fax MEMORANDUM TO: Archuleta County Planning Commission FROM: John C. Shepard, AICP; Planning Manager DATE: August 26, 2015 RE: Mangold Access Easement Vacation, in NW ¼ of GLO Lot 2, S23 T35N R2W NMPM, at 155 Travis Place. EXECUTIVE SUMMARY Brian and Carleen Mangold, represented by Mountain Land Associates of Pagosa Springs, have made application for vacation of an access easement across their property, in the N1/2NW1/4 GLO Lot 2, and S1/2NW1/4 GLO Lot 2, S23 T35N R2W NMPM, at 155 Travis Place, Pagosa Springs, as provided by Section of the Archuleta County Land Use Regulations. REVIEW PROCEDURE The Archuleta County Land Use Regulations (Section 4.6.5) provide for vacation of rights-of-way and easements that no longer serve the public, after review by appropriate agencies, in accordance with CRS et sec. Applications follow the review procedure provided for Amended Plats, with the Planning Commission making recommendation to the Board of County Commissioners for final approval. Public notice was scheduled for publication in the Pagosa Springs Sun, and posted on site. DISCUSSION Applicants purchased this property recently with the intent to build a home in the middle of the parcel. The Alpha Section area was divided by aliquot parts in 1969, prior to adoption of County regulations. It is not considered a Subdivision although the survey recorded provided access and utility easements. In 1978, the County Commissioners did approve splitting the property into two 5-acre tracts by an Exemption from Subdivision Review, with easements for ingress, egress and utilities along the common lot lines. Due to severe topography the easement is not a practical access and was never built. Although the County Assessor s map shows this as one parcel, building across the lot line requires combining the lots (a statutory exemption from Subdivision Review), and vacating the easement. The Archuleta County Community Plan s Future Land Use Map considers this property in the Medium Density land use category. The Joint Town County Planning Commission Zoning Discussion 2010 map puts the Alpha area outside the Joint Planning Area boundary. The property is zoned Agricultural Estate (AE).

29 In March of 2012, the Land Use Regulations were amended to provide for vacation of rights-ofway in accordance with Colorado Revised Statutes. There were three criteria provided for vacation of an easement of record spelled out in Section of the Land Use Regulations Approval of the vacation request will not leave any land adjoining the rightof-way without an established public road or private access easement connecting the land with another established public road, or without utility or drainage services; That the vacation will provide a public benefit, and/or will be for a public purpose. When necessary, the County may reserve an easement in the rightof-way for existing or planned utilities. Any easement shall be recorded with the County Clerk at the expense of the petitioner; The recommendations of referral agencies have been considered; Two comments were received prior to preparation of this staff report the County Surveyor had technical comments on the plat, and County Road & Bridge Department asked the applicant to confirm that the adjacent parcel to the east would still have approved access. This request would only vacate the easement across the middle of the combined tract; 30 perimeter easements remain on the outer boundaries. Applicant has also pursued vacation of the utility easement across the middle of the tract, and has received quitclaim deeds from SourceGas, CenturyLink, La Plata Electric, Pagosa Area Water and Sanitation District, and USA Communications (cable TV/broadband). RECOMMENDATION AND FINDINGS Based on evidence provided, staff recommends the Planning Commission find that: a. The application meets the requirements for Easement Vacation in Section of the Archuleta County Land Use Regulations, and And that the Planning Commission recommend approval of the Mangold Access Easement Vacation Plat in the NW ¼ USGLO Lot 2, S23 T35N R2W NMPM, at 155 Travis Place, with no conditions. PROPOSED MOTION I move to recommend approval to the Board of County Commissioners, of the request for Easement Vacation. ATTACHMENTS. Attachment 1: Area Map Attachment 2: Application Narrative Attachment 3: Access Easement Vacation Plat

30 Mangold Access Easement Vacate VAC, Located Lot 2, S23 T35N R2W NMPM, at 155 Travis Place, Pagosa Springs, (in Alpha Section) Archuleta County Development Services,

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