AGENDA CITY OF SALIDA PLANNING COMMISSION

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1 Page 1 of 42 AGENDA CITY OF SALIDA PLANNING COMMISSION MEETING DATE: Monday, August 27, 2018 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 July 23, 2018 IV. UNSCHEDULED CITIZENS V. AMENDMENT(S) TO AGENDA VI. PUBLIC HEARINGS- 1. Limited Impact Review- Nixon drive-through coffee shop The request is to receive limited impact review approval to construct a drive-thru coffee shop. The property is located on a vacant corner lot within the Commercial (C-1) zone district at 729 Chilcott Street. 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 H. Commission Action 2. Amendment to Chapter 16, Land Use Code (continued from the July 23, 2018 meeting) - The proposed request is for an amendment to the Land Use Code; Section Types of Subdivisions to amend the process for further subdivision of minor subdivisions (five or fewer lots). A. Continue 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 H. Commission Recommendation VII. UPDATES - VIII. IX. UNFINISHED BUSINESS- Ground floor residential units in the Central Business (C-2) zone district. NEW BUSINESS- APA Conference October 3-5 in Keystone X. COMMISSIONERS COMMENTS XI. ADJOURN

2 PLANNING COMMISSION Minutes DRAFT Planning Commission Packet Page 2 of 42 MEETING DATE: Monday July 23, 2018 MEETING TIME: 6:00 PM MEETING LOCATION: City Council Chambers, 448 E. First Street, Suite 190, Salida, CO Present: Follet, Denning, Thomas, Farrell, Bomer, Judd, Kriebel, Van Nimwegen, Jefferson, Franklin Absent: Eiler AGENDA SECTION: I. CALL TO ORDER BY - Follet - 6:00 PM II. III. IV. APPOINT CHAIRMAN AND VICE CHAIRMAN: Bomer made a motion to appoint Follet as Chairman and Kriebel seconded the motion. All were in favor and the motion carried. Kriebel made a motion to appoint Bomer as vice-chairman and Thomas seconded the motion. All were in favor and the motion carried. ROLL CALL: APPROVAL OF THE MINUTES June 25, 2018 Denning made a motion to approve the minutes as written. The motion was seconded by Farrell. All voters were unanimous and the motion carried. V. UNSCHEDULED CITIZENS None VI. VII. AMENDMENTS TO AGENDA Bomer made a motion to extend the work session into unfinished business. Thomas seconded the motion. All were in favor and the motion carried. UPDATES: VIII. PUBLIC HEARINGS 1. Limited Impact Review- Bourget Multiple Principal Structures The request is to receive limited impact review approval to construct two primary structures on vacant Lot 1 of the Cordova Minor Subdivision located at TBD Crestone Avenue. The property is located within the Medium Density Residential (R-2) zone district. A. Open Public Hearing 6:04 PM B. Proof of Publication Yes C. Staff Review of Application Jefferson gave an overview of the application for the principal structures. The applicant is proposing to construct a duplex and a single-family residence on the parcel. Each unit of the duplex will be approximately 1,394 square feet with attached garages. The proposed single-family residence will be approximately 1,508 square feet with an attached garage. As part of the original Cordova Minor Subdivision, there is a recorded 10 utility communications easement for the benefit of Lot 2. The applicant has submitted an agreement with CenturyLink that was recorded June 18, In that agreement CenturyLink agreed to allow the construction of structures on the easement. To alleviate Page 1 of 3

3 PLANNING COMMISSION Minutes DRAFT Planning Commission Packet Page 3 of 42 any confusion in the future regarding the easement, staff has added a condition of approval that the easement be abandoned prior to issuance of building permits for the duplex. Staff recommends approval with two conditions. D. Applicant s Presentation The applicant is Mark Bourget, 318 Crestone Avenue, Salida, CO Bourget stated that he is requesting to construct a duplex and a single family residence on Lot 1. Both the duplex and Single Family Residence will be modular, similar to the Farm in Buena Vista. His intent is to keep the properties as rentals. E. Public Input None F. Close Public Hearing 6:19 PM G. Commission Discussion Commission agreed that this use is consistent with the surrounding area and are pleased that the applicant will be adding more rental units. H. Commission Action A motion was made by Bomer to approve the Bourget Limited Impact Review with the 2 conditions staff recommended. Farrell seconded the motion. All were in favor and the motion carried. 2. Limited Impact Review- Kasper Minor Subdivision - The request is for approval to subdivide Tract B of the Hillside Minor Subdivision into (3) three lots to be known as Kasper Minor Subdivision. A. Open Public Hearing 6:21 PM B. Proof of Publication - Yes C. Staff Review of Application Jefferson gave an overview of the subdivision. The property is zoned Industrial (I) and will create three (3) lots. The Industrial (I) zoning requires a minimum of 5,625 square feet of lot area. Each lot meets the minimum density requirement: Lot 1 is 6,875 square feet; Lot 2 is 6,875 square feet and Lot 3 is 11, square feet. The applicant stated in the application materials that the intent for Lot 3 is to build a duplex. The applicant would be required to apply for limited impact review approval prior to submitting building permits for the duplex. D. Applicant s Presentation The applicant is Harald Kasper, 421 East Second Street, Salida, CO Kasper explained his plans for the property and said it would be similar to the Hillside development with regards to the well and septic systems. E. Public Input Vern Davis asked the applicant if he would be proposing any affordable housing. If so, what would be the incentives he would offer? Kasper stated that there is a Real Estate Transfer Assessment of 1.2% recorded with the original Hillside Minor Subdivision. F. Close Public Hearing 6:28 PM G. Commission Discussion Thomas asked about a plat note being on the plats regarding well and septic. Jefferson said the planning department does use the plat Page 2 of 3

4 PLANNING COMMISSION Minutes DRAFT Planning Commission Packet Page 4 of 42 notes, as well as looking at the easements that are listed. H. Commission Action A motion was made by Thomas to approve the Kasper Minor Subdivision subject to the six conditions recommended by staff. Judd seconded the motion. All were in favor and the motion carried. 3. Amendment to Chapter 16, Land Use Code (continued from the June 25, 2018 meeting) - The proposed request is for an amendment to the Land Use Code; Section Types of Subdivisions to amend the process for further subdivision of minor subdivisions (five or fewer lots). A. Continue Public Hearing 6:29 PM B. Proof of Publication Yes C. Staff Review of Amendment Van Nimwegen explained what a re-subdivision is and addressed the changes he has made so far. He offered to continue this until the August 14 meeting. D. Applicant s Presentation None E. Public Input None F. Close Public Hearing 6:34 PM G. Commission Discussion Commission Action Kriebel made a motion to continue this for further discussion at the August 27, 2018 meeting. Bomer seconded the motion. All were in favor and the motion carried. VIII. UPDATES Open a discussion regarding residential use on the ground floor in the C-2 zone district during the August 27, 2018 meeting. Van Nimwegen made mentioned of a housing forum in Montrose on August 7, Van Nimwegen said he would forward the Agenda to commissioners. IX. UNFINISHED BUSINESS 6:43 PM continued work session working through the chart on inclusionary housing. X. NEW BUSINESS - None XI. COMMISSIONERS COMMENTS Follet thanked the Commission for their nomination and said he will do his best as Chairman and thanked them for all of their hard work. Bomer acknowledged the Commission as well for her nomination of Vice-Chair. Judd mentioned he would like to look at reducing the amount of parking needed for Multi-Family Units. XII. ADJOURN: With no further business to come before the Commission, the meeting adjourned at 8:29 PM. Page 3 of 3

5 Page 5 of 42 STAFF REPORT MEETING DATE: August 27, 2018 AGENDA ITEM TITLE: Ja Moses Java Hut Limited Impact Review Application AGENDA SECTION: Public Hearing PRESENTED BY: Kristi Jefferson REQUEST: The request is for limited impact review approval to construct a drive-through coffee shop on a vacant corner lot located within the Commercial (C-1) zone district at 729 Chilcott Street. The proposed use requires limited impact review approval in the C-1 zone district. APPLICANT: The applicant is William Nixon, 629 Dodge Street, Salida, CO LOCATION: The subject property is described as parcel 1B of the Cordova Minor Subdivision II, City of Salida, Chaffee County, Colorado. This property is also known as 729 Chilcott Street. PROCESS: Limited Impact Review is reserved for 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. Public Hearing, Item 1, Pg. 1

6 Page 6 of 42 OBSERVATIONS: 1. The applicant is requesting approval to construct a 375 square foot drive-through coffee shop on the 5,722 square foot vacant lot. The vacant lot is located on the corner of Chilcott Street and Oak Street. 2. The property is located in the Commercial (C-1) zone district and the Highway 291 Established Commercial Overlay. The vacant lot is surrounded by a mix of residential and commercial uses. Nearby commercial uses include the adjacent commercial office space and storage units. 3. The proposed use requires limited impact review approval to assure impacts are minimalized. The applicant is proposing two accesses off of Chilcott Street and no access off of Oak Street. 4. The applicant has submitted a narrative explaining the proposed use and stated that the drivethrough coffee shop will be in the center of the lot so that there is plenty of room for entering and exiting the site. 5. In Section (i) Local streets. City design standards require local streets to have a detached sidewalk of a least five (5) feet wide with a thickness of four (4) inches of concrete. Detached sidewalks are required to be separated by a distance of at least five and one half (5 ½) feet from the curb or street pavement edge. A condition of approval has been added that the applicant install sidewalks along the Chilcott Street frontage meeting the requirements of the Public Works Director. In Section (ii) Collector and arterial streets. Sidewalks shall be a minimum of six (6) feet wide along collector streets and shall be separated from the curb or street pavement by a distance of at least five and one-half (5 ½) feet. Since there are no streetscape plans or drainage plans for Oak Street/Hwy 291 the Public Works Director is recommending the applicant pay a fee in lieu of sidewalks for the Oak Street frontage to be paid at the time of building permit application. 6. As of the date of posting the packet materials, staff has not received any opposition to this application. REVIEW AGENCY COMMENTS: Salida Public Works, David Lady: A fee in lieu of sidewalks is required for the Oak Street frontage of the lot. The accesses will be reviewed at the time of building permit submittal. We do not have any concerns with having the two driveway access points. It should improve traffic flow and safety on the site and does not appear to adversely affect the traffic on Chilcott. Salida Fire Department, Chief Bess: No concerns. Salida Finance Department, Renee Thonhoff: Commercial water and sewer system development fees must be paid at the time the building permit is submitted. Public Hearing, Item 1, Pg. 2

7 REVIEW STANDARDS (Section (l) Drive-in food or beverage facility: Planning Commission Packet Page 7 of Circulation. Drive-through lanes shall be separated from circulation lanes required to enter or exit the property. Drive-through lanes shall be marked by striping, pavement markings or barriers. Applicant s response: We would like to have one 12-foot curb cut and a 24-foot curb cut on the Chilcott St. to facilitate a one-way direction with an entrance to the drive through. Then we would like a second curb cut measuring 24-foot to allow the drive through exit lane and entrance to facilitate the 3-car parking for the employees and walk up window. With a one way u-shape drive with a separate exit and entrance, this will create an entrance to a drive up order menu/speaker on the south side of the building then turn to the left of the building to drive up to the pick-up window at the west end of the building. This will now allow the car go forward to exit on Chilcott St. With a u-shape effect around the back of the building and also allow the minimum of 3 care queuing spaces. The driveway around the drive through coffee hut will be paved and outlined with what s required by the city, painted lines or railroad ties. The applicant is proposing two accesses, a twelve foot (12 ) enter only access and a twenty-four foot (24 ) access. The larger access will accommodate the drive-through exit lane and an entrance lane for the required employee parking and walk-up customers. This will allow for separation from vehicles exiting the site. All of the proposed lanes will have the required striping and pavement markings. The adjacent residential property has a driveway that is 10 from the applicants property line. The proposed 12 access for vehicles entering will be approximately 15 from this existing driveway. Proposed entry only access. Adjacent residential driveway access10 from edge of driveway to the property line. At the time of building permit application the accesses and drainage will be reviewed and approved by the Public Works Director. 2. Minimize Impacts. Drive-through lanes shall be designed and located to minimize impacts on adjoining properties, including screening or buffers to minimize noise impacts. A fence, wall or other opaque screen of at least six (6) feet in height shall be provided on all sides of the site that are located adjacent to property that is zoned for or occupied by residential uses: Applicant s response: The lot will have landscape, curbs, gutters and the required retention pond installed if needed, with the necessary required 6 foot fencing, which both bordering properties currently have. However, we will be adding our own newer fence for the aesthetics of the property. Public Hearing, Item 1, Pg. 3

8 The parcel shares a rear property line with a residential property. Currently, there is a six (6) foot fence between the properties and the applicant has stated that in the future the six (6) foot fence will be replaced but did not give a timeframe. The fence will help minimize the impacts to the adjoining neighbor. The applicant provided a site plan showing the layout of the site with the 375 square foot coffee shop located in the center of the lot. The access for entering vehicles is shown 5 from the rear property line of a residential property. The impacts to the residential property should be minimal. Across the Street from this parcel is large storage units with no defined accesses. The applicant did not address how the traffic, which may back-up onto Chilcott Street, will be minimalized. 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 Comprehensive Plan and the Land Use Code and is compatible with the C-1 zone district and the surrounding neighborhood. 2. The applicable review criteria for a limited impact review application has been met. Planning Commission Packet Page 8 of 42 STAFF RECOMMENDATION: Based on the above findings, staff recommends APPROVAL of the limited impact review request to construct a drive-through coffee shop within the Commercial (C-1) zone district at 729 Chilcott Street with two conditions. RECOMMENDED MOTION: I make a motion to approve the Nixon Limited Impact Review as it meets the review standards for Section (l) Drive-in food or beverage facility, subject to the following conditions: 1. That engineered sidewalks shall be installed along the frontage of Chilcott Street at the time of development and a fee in lieu of sidewalks be paid for the Oak Street/Hwy 291 frontage. The Public Works Director shall calculate the fee in lieu at the time of building permit submittal. Public Hearing, Item 1, Pg. 4

9 Page 9 of At the time of building permit submittal the Public Works Director will review and approve access permits and drainage plans. 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 materials Site plan Public Hearing, Item 1, Pg. 5

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23 Page 23 of 42 PLANNING COMMISSION STAFF REPORT MEETING DATE: August 27, 2018 AGENDA ITEM TITLE: AGENDA SECTION: Amend Article VI. Subdivisions Public Hearing UPDATE: The Commission continued the public hearing on June 25 to July 23, The Commission asked staff to further define resubdivisions and consider putting the onus of future approvals on the subsequent developer or owner of a minor subdivision that has the development potential requiring major impact approval. Staff has made the changes. The public hearing was continued again on July 23 to tonight s meeting. BACKGROUND: Council directed staff to prepare amendments to the Land Use and Development Code to ensure serial amendments of a minor subdivision (5 lots or less) would not have the effect of circumventing the requirements of the major impact review process. The Planning Commission reviewed the potential amendments at the meetings of March 26, 2018, April 23, 2018 and June 25, The draft ordinance proposes the following changes to the subdivision section of the Code: Clarifies what a resubdivisions is, and differentiates a resubdivision from amended plats that involve more than ten (10) lots Attached to this memo are examples of how resubdivisions are defined in a number of agencies. Requires an additional criteria for the creation of a minor subdivision through the Limited Impact process. The underlying zoning of the previously un-subdivided land must not in its entirety allow development that would normally require the Major Impact Process. For example, if a two acre parcel has R-3 zoning that is proposed for a minor subdivision of two, one acre lots, a development plan and major subdivision must occur. The math behind this determination is as follows: 2 X one acre (43,560 square feet) / 2,400 = 36 units. Per Table 16-D Schedule of Uses, any multi-family development greater than 19 units requires Major Impact Review. However, each lot would only allow 18 units which would be an Administrative Review. Staff is providing an alternative to this requirement that states the minor subdivision must contain a note that prior to development of the any of the lots, the project must receive major impact approval. If an owner did not want this restriction, for instance they want to develop at a lower density, then the site should be down zoned.

24 Page 24 of 42 The other proposed changes are to reference minor and major subdivisions, and condominium plats of five units or greater are required to meet the proposed Inclusionary Housing requirements. The proposed changes to the subdivision code are shown in red. Changes made since June 25, 2018 are shown in red and highlighted. DISCUSSION: According to Chapter 16, a text amendment should comply with the following standards: (1) Consistency with Purposes. The proposed amendment shall be consistent with the purposes of this Chapter. (2) No Conflict with Other Provisions. The proposed amendment shall not conflict with any other applicable provisions of this Chapter, or shall repeal or amend provisions of this Chapter which are inconsistent, unreasonable or out-of-date. (3) Consistency with Comprehensive Plan. The proposed amendment shall be consistent with the Comprehensive Plan, shall implement a new portion of the Comprehensive Plan or shall implement portions of the Comprehensive Plan which have proven difficult to achieve under the existing provisions of this Land Use Code. (4) Public Health, Safety and Welfare. The proposed amendment shall preserve the public health, safety, general welfare and environment and contribute to the orderly development of the City. STAFF RECOMMENDATION: Staff believes the proposed changes to the Land Use and Development Code complies with the above standards and will ensure the subdivision of land will require the appropriate public process and standards. Therefore, staff recommends the Planning Commission make a recommendation to the City Council to adopt the proposed changes Article VI. Subdivisions, subject to Council s approval of the proposed Inclusionary Housing chapter, or removal of the references to the proposed chapter. RECOMMENDED MOTION: I make a motion to recommend the City Council approve the proposed changes to Article VI. Subdivisions. Attachments: Definitions of Resubdivision Exhibit A: Proposed amendments to Article VI. Subdivisions. Advertisement

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26 Page 26 of 42 DEFINITIONS OF RESUBDIVISION Moffat County RE-SUBDIVISION PROCEDURES: Re-subdivision of land or changes to a recorded plat shall be considered a subdivision and it shall comply with these regulations with the following exceptions: 1. Lot lines may be revised from those shown on the recorded plat, provided that in making such changes: (a) No lot or parcel of land shall be created or sold that is less than the minimum requirements for the area or dimension as established by these regulations or other applicable regulations or ordinances; (b) Drainage easements reserved for drainage shall not be changed, unless supported by complete engineering data; (c) Street locations and street rights-of-way shall not be changed, and; (d) The plat shall not be altered in any way, which will adversely affect the character of the plat filed. 2. If it is discovered that there is a minor survey or drafting error in a recorded final plat the subdivider shall be required to file the final plat with an affidavit witnessed by two land surveyors, concerning the change, which shall be approved by the Board. At least one of the surveyors witnessing the final plat must be an impartial observer having no personal interest in the subdivision. If, however, the correction of the error results in such major alterations that the corrected plat no longer meets the design standards and criteria of these regulations, then the corrected plat shall require full approval procedures and the recording of a corrected plat. 3. The Board endorses the changes. Before endorsement, full compliance of these regulations may be required. A copy of all final plat revisions shall be submitted to the Planning Commission and the Board for its review. (4/12/2004) Where the resubdivision complies with the appropriate requirements of these regulations, a record plat indicating the re-subdivision shall be submitted to the Board for its endorsements, prior to the filing of such plat with the County Clerk and Recorder. 38 Such plats shall specifically indicate the revisions being made compared to the previously recorded plat. The county shall maintain an adequate numbered filing system for all subdivisions, including copies of all maps, data, and county actions. It shall also maintain a master location map (or maps) referenced to the filing system for public use and examination. City of Lakewood Definition of resubdivision (replat): any change in a final plat or lot line adjustment of an approved and recorded subdivision plat including any map or plat legally recorded prior to the adoption of any regulations controlling subdivisions.

27 Delta County Planning Commission Packet Page 27 of 42 Definition of Re-subdivision: Any modification or alteration of lot or block lines, lot or block numbers, perimeter boundaries, rights of way, easements or other on the ground characteristics of a filed and recorded subdivision plat. ARTICLE VII Resubdivisions Resubdivisions A resubdivision refers to a lot within an approved subdivision that is being further subdivided. The procedure for a resubdivision shall be the same as for a new subdivision. City of Trinidad (78) "Resubdivision, or replatting," means the changing of any existing lot or lots, street rights-of-way or easements of a subdivision plat previously recorded with the County Clerk and Recorder. City of Blackhawk Resubdivision means a change in a map of an approved or recorded subdivision plat as such change affects the density, land use or any street layout on such map or area reserved thereon for public use or any lot line; or if it significantly changes any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions. From APA Planner s Dictionary Resubdivision: The changing of an existing parcel created by a plat and recorded with the county clerk and register of deeds. The further division of lots or the relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets or the establishment of any new streets within any such subdivision, but not including conveyances made so as to combine existing lots by deed or other instrument. Public Hearing Agenda Item 3, Pg. 4

28 Page 28 of 42 DEFINITIONS OF RESUBDIVISION Moffat County RE-SUBDIVISION PROCEDURES: Re-subdivision of land or changes to a recorded plat shall be considered a subdivision and it shall comply with these regulations with the following exceptions: 1. Lot lines may be revised from those shown on the recorded plat, provided that in making such changes: (a) No lot or parcel of land shall be created or sold that is less than the minimum requirements for the area or dimension as established by these regulations or other applicable regulations or ordinances; (b) Drainage easements reserved for drainage shall not be changed, unless supported by complete engineering data; (c) Street locations and street rights-of-way shall not be changed, and; (d) The plat shall not be altered in any way, which will adversely affect the character of the plat filed. 2. If it is discovered that there is a minor survey or drafting error in a recorded final plat the subdivider shall be required to file the final plat with an affidavit witnessed by two land surveyors, concerning the change, which shall be approved by the Board. At least one of the surveyors witnessing the final plat must be an impartial observer having no personal interest in the subdivision. If, however, the correction of the error results in such major alterations that the corrected plat no longer meets the design standards and criteria of these regulations, then the corrected plat shall require full approval procedures and the recording of a corrected plat. 3. The Board endorses the changes. Before endorsement, full compliance of these regulations may be required. A copy of all final plat revisions shall be submitted to the Planning Commission and the Board for its review. (4/12/2004) Where the resubdivision complies with the appropriate requirements of these regulations, a record plat indicating the re-subdivision shall be submitted to the Board for its endorsements, prior to the filing of such plat with the County Clerk and Recorder. 38 Such plats shall specifically indicate the revisions being made compared to the previously recorded plat. The county shall maintain an adequate numbered filing system for all subdivisions, including copies of all maps, data, and county actions. It shall also maintain a master location map (or maps) referenced to the filing system for public use and examination. City of Lakewood Definition of resubdivision (replat): any change in a final plat or lot line adjustment of an approved and recorded subdivision plat including any map or plat legally recorded prior to the adoption of any regulations controlling subdivisions.

29 Delta County Planning Commission Packet Page 29 of 42 Definition of Re-subdivision: Any modification or alteration of lot or block lines, lot or block numbers, perimeter boundaries, rights of way, easements or other on the ground characteristics of a filed and recorded subdivision plat. ARTICLE VII Resubdivisions Resubdivisions A resubdivision refers to a lot within an approved subdivision that is being further subdivided. The procedure for a resubdivision shall be the same as for a new subdivision. City of Trinidad (78) "Resubdivision, or replatting," means the changing of any existing lot or lots, street rights-of-way or easements of a subdivision plat previously recorded with the County Clerk and Recorder. City of Blackhawk Resubdivision means a change in a map of an approved or recorded subdivision plat as such change affects the density, land use or any street layout on such map or area reserved thereon for public use or any lot line; or if it significantly changes any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions. From APA Planner s Dictionary Resubdivision: The changing of an existing parcel created by a plat and recorded with the county clerk and register of deeds. The further division of lots or the relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets or the establishment of any new streets within any such subdivision, but not including conveyances made so as to combine existing lots by deed or other instrument. Public Hearing Agenda Item 3, Pg. 4

30 Page 30 of 42 EXHIBIT A ARTICLE VI. - SUBDIVISION Sec Types of subdivisions. The division of land into two (2) or more separate parcels, lots, sites, tracts or interests, including any parcel of land which is to be used for condominiums or any other multiple-dwelling units with separately conveyed interests, is a subdivision and is regulated by the provisions of this Chapter. The subdivision of land is a significant step in the process of urban development. The arrangement of land parcels for residential, commercial, industrial, recreational, utility and other public purposes will determine to a large degree the qualities of health, safety, convenience, environment and general welfare of the City. The following are types of subdivisions in the City. (1) Major subdivisions are subdivisions that result in the creation of more than five (5) parcels, lots, units, sites, tracts or interests out of the property as it existed prior to any subdivision. (2) Resubdivision is the further subdivision of any existing lot, lots or tracts; or changing of any rights-of-way that were defined by any subdivision plat previously recorded with the County Clerk and Recorder. The division of lots or parcels of previously subdivided land or aamended plats that involve more than ten (10) lots are resubdivisions. Resubdivisions are reviewed as major subdivisions. (3) The division of previously unsubdivided land into five (5) or fewer separate parcels, lots, units, sites, tracts or interests is a minor subdivision. Additionally, public and private utility mains must be available and in place to serve each proposed lot such that only a service line connection for each lot to a main is necessary. If the previously unsubdivided land has zoning which would allow development requiring a major impact review per Table 16-D, then a development plan and major subdivision is required. ALTERNATE: If the previously unsubdivided land has zoning which would allow development requiring a major impact review per Table 16-D, then a note shall be ascribed to the plat that states that development of any lot or parcel within the minor subdivision shall require a major subdivision or development plan approved through the major impact review process. (4) Subdivision actions that affect no more than ten (10) lots within a subdivision and do not create additional lots or interests in property and that result in a material change in the boundaries of a subdivision by way of adding or deleting land or lots to the subdivision, reconfiguration, division or aggregation of existing platted lots or correction of technical errors on subdivision plats are amended plats. (5) The division of a single lot on which an existing duplex dwelling is located, or is to be constructed, into two (2) separate lots is a duplex conversion subdivision. Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Sec Major subdivision. A major subdivision is subject to the major impact review process established in Article III of this Chapter unless the subject property has an approved overall development plan, in which case conceptual plan is waived. Major subdivisions must meet the requirements of Article XIII. Inclusionary Housing. Sec Minor subdivision. A minor subdivision is generally subject to the limited impact review process established in Article III of this Chapter. Minor subdivisions must meet the requirements of Article XIII. Inclusionary Housing. Formatted: Highlight

31 Page 31 of 42 Sec Resubdivisions. Resubdivisions are reviewed in the same manner as a major subdivision with the same purposes. To the extent that submittal information, otherwise required in Section , was submitted as part of the original subdivision proposal and is adequate by current standards, the applicant for approval of a resubdivision does not need to submit the information again and may reference such submittal information in the resubdivision application. The Community Development Director will determine the technical adequacy of previously submitted information. Sec Amended plats. (a) Amended plats do not create additional lots or interests in property but are subdivision actions that result in a material change in the boundaries of a subdivision by way of adding or deleting land or lots to the subdivision, or the reconfiguration, division or aggregation of existing platted lots. Amended plats are also used to correct errors on a subdivision plat. The amended plat process is limited to applications that affect no more than ten (10) lots within a subdivision. Amendments affecting more than ten (10) lots or amendments within a subdivision with an expired subdivision improvements agreement or which affect existing subdivision improvements agreements shall be considered re-subdivisions. Amended plats shall be generally subject to administrative review and approval according to the procedure established at Article III of this Chapter. Amended plat review ensures the technical accuracy of the amended plat and to maintain the record of associated real estate activities. (b) Amended plat approval shall be granted provided: (1) The lot line adjustment does not result in the creation of additional lots. (2) The lot line adjustment does not result in the creation of lots that do not comply with zoning requirements. (3) The lot line adjustment does not result in the creation of a lot or lots that cannot be built upon under City requirements. (4) The requirements of utility companies serving the property have been satisfied, and easements are appropriately maintained or granted in the deed(s) affecting the adjustment or dissolution. (5) The lot line dissolution does not change the location of any remaining lot lines in the subdivision Sec Duplex conversion subdivision. A duplex conversion subdivision is generally subject to the administrative review process established in Article III of this Chapter. The subdivision of a single lot on which an existing duplex dwelling is located or is to be constructed, into two (2) separate lots will be approved if all of the following conditions have been met: (1) Common Wall. The duplex is to be divided along a code-compliant fire-resistant common wall into two (2) separate single-family dwelling units on separate lots. (2) Separate Utilities. Utilities are available and each of the dwelling units is served by its own separate utility service lines and meters, inclusive of water, sewer, electricity and natural gas. (3) Maintenance Agreement. A common wall maintenance agreement shall be established and recorded to run with the land comprising the proposed duplex lots.

32 Page 32 of 42 (4) Zone District Compliance. Except for the original primary structure comprising the dwelling units and any common and/or side-by-side or connected garages or driveways, all new structures, or the expansion of any existing structures on the two (2) new duplex lots shall be subject to the setback requirements for the underlying zone district in which the lots are located. (5) Lot Size. Each separate lot created shall meet the minimum lot size (square feet) for the underlying zone district in which the lots are located. The proposed duplex lots shall be the same size, or approximately the same. Sec Lot line adjustments. The adjustment of a lot line between two (2) contiguous lots that is necessary to correct a survey or engineering error in a recorded plat, to allow a boundary change between adjacent lots or parcels to relieve hardship or practical necessity or to allow a transfer of land from a larger conforming lot to a smaller nonconforming lot so as to make both lots conforming is generally subject to administrative review and approval according to the procedure established at Article III of this Chapter. The lot lines between contiguous lots which are under separate or single ownership may be adjusted if the following conditions are met: (1) The owners of affected properties whose lot lines are being adjusted shall provide written consent to the application. (2) The adjustment shall not create the opportunity to further subdivide either lot to create a new lot for resale or development. (3) All resulting lots shall meet the standards of this Chapter. If any of the lots or structures thereon are nonconforming prior to the adjustment, no adjustment shall be allowed that increases the net nonconformity of the lots or structures. Sec Insubstantial change to recorded plat. An insubstantial change shall be limited to changes to address engineering or technical constraints discovered during development which could not be anticipated during the original approval process, or any other change to a plat which has no material effect on the character of the approved plat, the representations made by the applicant or the conditions of approval. Street locations and street rights-ofway shall not be changed. A change to a plat which is not insubstantial, including any resubdivision of a lot other than a boundary line adjustment, shall be considered an amendment and shall follow the review procedures applicable to minor subdivisions. Applications for an insubstantial change to a recorded plat are generally subject to administrative review and approval according to the procedure established at Article III of this Chapter. An insubstantial change to a recorded plat will be approved if following approval of the insubstantial change, the recorded plat shall continue to conform to all applicable standards of this Chapter. Sec Elimination of lot lines. The elimination of lot lines to merge not more than two (2) conforming lots, or two (2) or more nonconforming lots, to create no more than two (2) conforming lots within the applicable zone district shall be generally subject to administrative review and approval according to the procedure established at Article III of this Chapter. A lot line elimination meeting the requirements established herein shall be approved if the following conditions are met:

33 Page 33 of 42 (1) Public and private utilities must be present and available to serve the newly created conforming lots. Utilities (whether public or private) to existing structures that, with the elimination of lot lines, will cross a newly created conforming lot shall be provided an easement where the existing utilities are located or shall be relocated into an easement. (2) The lots to be consolidated shall be under single ownership. Sec Condominiums. (a) In addition to the subdivision submittal requirements described in Section , an application for a condominium plat approval shall contain the following information: (1) Required parking spaces and joint trash collection areas; (2) Floor plans, elevations, and site plan as required to show separate ownership of all separate units, common elements, and limited common elements labeled as such; (3) Number, type, and floor area of units, common elements and limited elements, delineated in square feet and fractions thereof; proposed use for each unit; land area; floor area ratio; and (4) Statement of the total number of units shown on the proposed plat; (5) Documentation showing compliance with the standards and terms of the Colorado Common Interest Ownership Act, C.R.S , et seq., as may be amended. (b) For condominium projects requiring limited impact or major impact review (see standards for multifamily projects), the applicant shall submit detailed engineering plans and specifications for all improvements, whether private or public. (c) Condominium plats including five units or greater must meet the requirements of Article XIII. Inclusionary Housing. (cd) After buildings have been constructed and final "as-built" surveys have been completed, the applicant shall submit an amended condominium plat showing graphically and dimensionally the subdivision of buildings into volumetric spaces and the relationship of these spaces with the boundaries of the site and other appurtenances on the site. These condominium plats shall comply with the requirements of C.R.S , as may be amended, and may be approved by the Administrator. No individual condominium unit shall be sold into separate ownership until and unless a condominium plat has been approved by the City based upon an "as-built" survey of the unit boundaries and such plat has been recorded in the real estate records of Chaffee County. A plat note on the final subdivision plat for each condominium development shall be included to this effect. Sec Subdivision plat requirements. (a) Application Contents. An application for a subdivision plat approval shall contain the following information: (1) Subdivision Plat. A subdivision plat shall be drawn which reflects the layout of the lots, blocks and structures in the proposed subdivision. The preferred scale of the plat is one (1) inch equals one hundred (100) feet; the minimum allowable scale is one (1) inch equals two hundred (200) feet. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches. If it is necessary to draw the plat on more than one (1) sheet, a sheet index shall be placed on the first sheet. The subdivision plat shall contain the following: (i) Name of subdivision. (ii) Legal description.

34 Page 34 of 42 (iii) Names and addresses of the owner, subdivider, land planner and land surveyor registered in the State. (iv) Scale of the plat. (v) North arrow. (vi) Date the plat was prepared. (vii) Boundary lines and dimensions. The boundary lines of the proposed subdivision (shown as a heavy solid line), the proposed zoning boundary lines, approximate dimensions of all lots, blocks and all land intended to be held in common for use by all property owners in the proposed subdivision. (viii) Contours. Existing and proposed topographic contours, with intervals of five (5) feet or less, referring to U.S.G.S. datum. (ix) Improvements and easements. The location and dimensions of all existing and proposed streets, alleys, easements, ditches and utilities within or adjacent to the proposed subdivision. (2) Vicinity Map. A vicinity map shall be submitted, if the application has not been reviewed at the conceptual plan review phase, along with the plat. The vicinity map shall show the location of the proposed subdivision, all adjacent lands owned or under option by the applicant, commonly known landmarks and federal, state and local streets with names, and the zone districts in which the proposed subdivision and adjacent properties are located. (3) Boundary Survey. An accurate and complete boundary survey and survey of interior street lines shall be made of the land to be subdivided. Every lot shall close mathematically within onehundredth (0.01) of a foot. Field measurements shall be accurate within a limit of one (1) foot to ten thousand (10,000) feet. The boundary of the subdivision shall be clearly indicated on the final plat. All lines shown on the plat which do not constitute a part of the subdivision shall be dashed. Any area enclosed by the subdivision, but not a part thereof, shall be labeled "NOT A PART OF THIS SUBDIVISION." Adjacent subdivisions shall be identified by official names. (4) Survey Data. The final subdivision plat shall show all survey, mathematical information and data necessary to locate all monuments and to locate and retrace all interior and exterior boundary lines appearing thereon, including bearings or angles, continued with distances and deflection angles for all circular corners. The location and description of all section corners and permanent survey monuments in or near the tract, to at least one (1) of which the subdivision shall be referenced. (5) Land to be Dedicated. All lots, blocks and parcels offered for dedication shall be particularly delineated and designated with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication, other than for streets and easements, shall be designated by letter or number, which shall be explained on the plat. (6) Linear, Angular and Curve Data. Sufficient linear, angular and curve data shall be shown to readily determine the bearing and length of the boundary lines of every block, lot and parcel which is part thereof. All lots and, wherever practicable, blocks in their entirety, shall be shown on one (1) sheet. Ditto marks shall not be used for lot dimensions. All lots and blocks shall be numbered systematically. Building setback lines shall be shown by long thin dash lines. The use of the lots and the zoning shall be designated on the plat. (7) Streets. The plat shall show the right-of-way lines and names of each street and the width of any portion being dedicated, and the widths of any existing dedications. The widths, locations and names of adjacent streets and other public properties within fifty (50) feet of the subdivision shall be shown. If any street in the subdivision is a continuation or approximately a continuation of an existing street, the conformity or the amount of nonconformity of such street to such existing streets shall be accurately shown. Whenever the centerline of a street has been established or recorded, the data shall be shown on the final plat.

35 Page 35 of 42 (8) Easements. The sidelines of all easements, including easements for utilities, ditches and drainage, shall be shown by fine dashed lines. If any easement already of record cannot be definitely located, a statement of the existence, the nature thereof and its recorded reference shall appear on the title sheet. Distances and bearings on the sidelines of lots which are cut by easement shall be designated, or so shown, that the plat will clearly indicate the actual length of the lot lines. The widths of all easements and sufficient ties thereto to definitely locate the same with respect to the subdivision shall be shown. All easements shall be clearly labeled and identified. If an easement is being dedicated by the plat, it shall be set out in the owner's certificate of dedication and dedicated to the City. If an easement shown on the plat is already of record, its recorded reference shall be given. (9) Certificates. The following certificates, as appropriate, are required to appear on the final subdivision plat. (i) Certificate of Dedication and Ownership. Know all men by these presents, that the undersigned, being all of the Owner(s), Mortgagee(s) and Lien Holder(s) of certain land in the City of Salida, Chaffee County, Colorado, described as follows: Beginning, containing acres, more or less, have by these presents laid out, platted and subdivided the same into lots, blocks or tracts, as shown on this plat, under the name and style of, and do hereby dedicate to the City of Salida as public roads, the streets and roads as shown on said plat, these being. The undersigned hereby further dedicate to the public all utility easements on the property as described and as shown hereon. The undersigned hereby further dedicate to the public utilities the right to install, maintain and operate mains, transmission lines, service lines and appurtenances to provide such utility services within this subdivision or property contiguous thereto, under, along and across public roads as shown on this plat and also under, along and across utility easements as shown hereon. The lands comprising this subdivision are subject to certain covenants which are recorded in Book at Page of the records of Chaffee County, Colorado. Executed this day of, 20. Owner(s): Mortgagee(s)/Lienholder(s): County of Chaffee ) ) ss. State of Colorado ) The foregoing dedication was acknowledged before me this day of 20, by. Witness my hand and seal. My commission expires. Notary Public