AGENDA CITY OF SALIDA PLANNING COMMISSION

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1 AGENDA CITY OF SALIDA PLANNING COMMISSION MEETING DATE: Monday, July 23, 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 VICE CHAIRMAN 6:00 p.m. II. APPOINT CHAIRMAN AND VICE CHAIRMAN III. ROLL CALL IV. APPROVAL OF THE MINUTES June 25, 2018 V. UNSCHEDULED CITIZENS VI. AMENDMENT(S) TO AGENDA VII. PUBLIC HEARINGS- Planning Commission Packet Page 1 of 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 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. 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 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 Recommendation & Action 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 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 VIII. UPDATES - Ground floor residential units in the Central Business (C-2) zone district. IX. UNFINISHED BUSINESS- X. NEW BUSINESS- XI. COMMISSIONERS COMMENTS XII. ADJOURN

2 Page 2 of 68 MEETING DATE: Monday June 25, 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, Eiler, Van Nimwegen, Jefferson, Franklin Absent: AGENDA SECTION: I. CALL TO ORDER BY - Follet - 6:00 PM II. III. ROLL CALL: APPROVAL OF THE MINUTES May 29, Bomer made a motion to approve the minutes as written. The motion was seconded by Denning. All voters were unanimous and the motion carried. IV. UNSCHEDULED CITIZENS Jefferson explained the voting tonight as we have two new alternates and commissioners that need to recuse themselves. Van Nimwegen announced Mandelkorn will no longer be on the Planning Commission. V. AMENDMENTS TO AGENDA- None VI. UPDATES: None VII. PUBLIC HEARINGS 1. Two Rivers Commercial Center Major Subdivision - The applicant is requesting to subdivide the commercial property which is zoned Central Business District (C-2), into approximately 23 lots for a mixed-use development including commercial and residential uses. A. Open Public Hearing 6:04 PM B. Proof of Publication Yes C. Staff Review of Application Van Nimwegen gave an overview of the application for the approximate 4 acres east of the Two Rivers project. The applicants are asking for a mixed use and are still working with C-Dot. Van Nimwegen recommends approval with following 6 conditions: 1. Developer shall receive final approval by staff of the on-site development plans including landscaping and hardscape; as well as the parking analysis and architectural designs, prior to issuance of a building permit. 2. Developer shall receive final approval of the plans for the public improvements on-site and the half width of Old Stage Road from SH 291 to the eastern edge of the subject site per the attached Exhibit A, prior to the issuance of a building permit. Other plan corrections are outlined in the attached memo from the Public Works Director. Applicant will continue to work with staff on ability to provide additional paving north of the center of 60 foot right-of-way to total two complete travel lanes.

3 Page 3 of Provide exclusive easement for the public sewer and water lines that are within Out lot A. 4. Designate the portion of the 20 foot utility easement that includes the public trail as a utility and public trail easement. 5. Developer shall enter into a subdivision improvement agreement that guarantees the construction of the public sewer and water lines within the site. Improvements shall be complete prior to issuance of a Certificate of Occupancy. 6. Developer to complete the construction of the improvements to the intersection of Oak Street and Highway 50 as mandated by CDOT and the additional improvement to CR 105 described in #2. D. Applicant s Presentation The applicant is Tom Pokorny 218 Scott Street, Salida, CO. Pokorny stated there is a mix of professional use, mercantile, restaurant and some residential above some of those units. Pokorny also mentioned that the HOA will not allow residential units on the ground floor they will all have to be commercial. Judd asked if the applicants have a timeline from C-DOT, Pokorny is hoping to hear back by September or October. E. Public Input None F. Close Public Hearing 6:19 PM G. Commission Discussion All commissioners agreed that the applicant remains consistent with their previous applications. H. Commission Action A motion was made by Bomer to accept the Commercial Center Major Subdivision to construct a mixed-use development of 50,001 square feet of floor area or greater subject to the conditions as amended and presented by staff. Farrell seconded the motion. All were in favor and the motion carried. 2. Buckley-Meadows Annexation, Zoning and Minor Subdivision - The applicant is requesting to annex and zone the 2.55 acre parcel located at 7221 County Road 105 into the City. The request is to zone the property with the Manufactured Housing Residential (R-4) zone district. The Commission will also be considering approval of the Geodesia Minor subdivision of four lots subject to approval of the annexation and zoning. A. Open Public Hearing 6:21 PM B. Proof of Publication - Yes C. Staff Review of Application Van Nimwegen gave an overview of the application. The applicants are asking for R-4 zoning. They would like to have four lots with a house and ADU for each lot. Van Nimwegen explained to the commission this would allow up 42 units. The annexation of the property will be accompanied by an agreement which will address the street improvements required with the development; and other goals for the property including the provision of affordable housing. Van Nimwegen provided recommendations for the annexation and read through each suggestion. He also mentioned the open space and school fees associated with the property.

4 Page 4 of 68 Van Nimwegen recommends approval with the following 7 conditions: 1. Approval of the subdivision is contingent upon the annexation and rezoning becoming effective. 2. The plat shall delineate the 100 year floodplain. 3. Owner shall dedicate up to 30 feet of right-of-way from centerline of CR 105 (Old Stage Road) so the total right-of-way for the road equals 60 feet. 4. Developer shall enter into a subdivision improvement agreement that guarantees the construction of street improvements to the half of CR 105 (Old Stage Road) adjacent to the subdivision to include additional paving, curb, gutter and sidewalk from the west edge of Lot 1 to the east edge of Lot 33 in Two Rivers Subdivision Phase 1. Improvements are also to include the extension of sewer and water lines within this frontage. The waterline shall terminate at a fire hydrant. 5. Provide 20 foot wide pedestrian trail easement along the northeast side of the river within Lot Provide a note on the plat: 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. 7. Provide note on plat: 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. D. Applicant s Presentation Mike Buckley and Kate Meadows applicants have contemplated the fees, as they are high. Buckley advised that Denver s fee in lieu is quite a bit less than Boulder with a fee of.60 cents per square foot. Currently they do not have plans for developing the lots and are not sure if they want to dedicate land or pay fees. They are asking for R-4 because of the setbacks. E. Public Input Tom Pokorny stated the applicants could dedicate land for the fee in lieu to expand the city along the river. F. Close Public Hearing 7:10 PM G. Commission Discussion Thomas does not like the R-4 zoning as this allows for only manufactured homes, believes it needs to be zoned properly as they want to build stick built homes. Kreibel and Bomer both agreed. Kriebel and Bomer would like bullet #2 to include the lessor of the fees adopted by the City. H. Commission Action Annexation A motion was made by Bomer to recommend the City Council approve the proposed Buckley-Meadows annexation as it meets the findings for annexation, subject to Council approval of an annexation agreement that addresses the following exceptions: Bullet two will include wording allowing the current fee as the maximum fee allowable, if Council adopts a lessor fee applicants would be required to pay the

5 Page 5 of 68 lessor of the two. Bullet four will be met if the applicants give the City a 20 wide trail easement as a land dedication. Kriebel seconded the motion. A friendly amendment was made by Kriebel to eliminate bullet one and three. Farrell seconded the amendment. All were in favor and the motion carried. Zoning A motion was made by Bomer to recommend the City Council approve the rezoning of the subject site to R-3, High Density Residential District as it meets the review standards for a rezoning. Kriebel seconded the motion. All were in favor and the motion carried. Subdivision A motion was made by Denning to approve the Geodesia Minor Subdivision as it meets the review standards for a subdivision, subject to the 7 conditions set by staff. Bomer seconded the motion. All were in favor and the motion carried. 3. Amendment to Chapter 16, Land Use Code (continued from the May 29, 2018 meeting) - The proposed request is for the following amendment to the Land Use Code; The addition of new Article XIII - Inclusionary Housing to require standards for the provision of affordable housing in areas that are proposed for annexation, planned development overlay or subdivision. A. Open Public Hearing 7:42 PM B. Proof of Publication Yes C. Staff Review of Amendment Van Nimwegen reminded commission that they met with council in May and council is wanting the ordinance for inclusionary housing to be put back in the land use code for future planned developments and annexations. D. Applicant s Presentation None E. Public Input Tom Pokorny 218 Scott Street; supports an impact fee which would be applied evenly to everyone. Read McCullough Chaffee Housing Trust wants to know who is going to manage the money and when it s dedicated to projects. F. Close Public Hearing 7:44 PM G. Commission Discussion Thomas would like to have this inclusionary housing fee. Bomer prefers the impact fee and asked if we could do this without a Nexus study. Judd is concerned with having the City manage the funds and money being used to fund another position. He also wants their decision to change the code to be correct the first time, Thomas agrees. Bomer and Follet would like to proceed with a Nexus study if necessary for the linkage fee to be approved. Commission Action Thomas made a motion to deny the amendment of Article XIII to the land use code until further studies have been concluded. Judd seconded the motion. All were in favor and the motion carried. 4. Amendment to Chapter 16, Land Use Code (continued from the May 29, 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

6 Page 6 of 68 subdivisions (five or fewer lots). A. Open Public Hearing 8:20 PM B. Proof of Publication Yes C. Staff Review of Application None D. Applicant s Presentation None E. Public Input- None F. Close Public Hearing 8:21 PM G. Commission Discussion Eiler asked if there is a problem and if the code needs to be changed. Judd mentioned that the process should be dealt with on an individual basis and not penalize the land owner and the financial burden should be on the future developer. Van Nimwegen read the paragraph that advises on re-subdivisions and suggested changing the number to fewer lots. He mentioned he could work on a definition of a re-subdivision and bring this back to the next meeting. Commission Action Bomer made a motion to continue the public hearing to the next regular meeting on July 23, 2018 with the purpose of defining a re-subdivision. Denning seconded the motion. All were in favor and the motion carried. VIII. IX. UNFINSHED BUSINESS Bomer asked about the discussion of downtown retail storefronts. NEW BUSINESS None X. COMMISSIONER S COMMENTS- None VIII.ADJOURN: With no further business to come before the Commission, the meeting adjourned at 8:30 PM.

7 Page 7 of 68 MEETING DATE: July 23, 2018 STAFF REPORT AGENDA ITEM TITLE: AGENDA SECTION: Bourget-Limited Impact Review- Multiple Principal Structures Public Hearing REQUEST: 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. APPLICANT: The applicant is Mark Bourget, 318 Crestone Avenue, Salida, CO LOCATION: The subject property is known as Lot 1 of the Cordova Minor Subdivision, City of Salida, Chaffee County.

8 Page 8 of 68 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). The adjacent zoning to the west of this parcel is Commercial (C-1) and Single-family Residential (R- 1) is to the east of this parcel. Surrounding properties are primarily multi-family apartment buildings and single-family residences. 2. The property has a total 27,706 square feet of lot area. The density requirement per dwelling unit is 3,125 within the R-2 zone district. A maximum of eight (8) dwelling units are allowed on the property. 3. The applicant is proposing to construct a duplex and a singlefamily 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. This is an example of one side of the proposed two-story duplex. 4. 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 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.

9 Page 9 of 68 REVIEW STANDARDS Land Use Code section (b) Multiple Principal Buildings: (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 proposal of the multiple principal structures will conform to primary building dimensional requirements of the R-2 zone district. The surrounding properties are primarily two-story apartment buildings and onestory single family residences. The applicant has submitted example elevations of the two-story duplex and single-family residence. The proposal will be of a scale that is compatible with the surrounding and nearby properties. (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 off-street parking requirement for single-family and duplexes are 1 space per unit. With the proposal, this project will be required a total of 3 off-street parking spaces. Each unit will have parking within the attached garages meeting the parking requirement. (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. Water and sewer are available in Crestone Avenue for the development. The system development fees will be due at the time of building permit. AGENCY REVIEW COMMENTS: Finance Department, Renee Thonhoff: Water and sewer system development fees (tap fees) are required at time of building permit application. Public Works Director David Lady: The site plan is a bit unclear. Mains would not be extended out of the right-of-way as depicted. These would need to be utility services with the meters in the right-of-way. Individual water service/meter per structure shall be constructed per City Code in accordance with City of Salida Standards for Design and Construction. Condos would allow for one water and one sewer service for the lot. REQUIRED ACTIONS BY THE COMMISSION:

10 Page 10 of 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 because two primary structures are compatible with the surrounding neighborhood. 2. The applicable review criteria for limited review applications have been met. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve the application to construct two principal buildings, subject to the conditions listed below: RECOMMENDED MOTION: I make a motion to approve the Bourget Limited Impact Review as it meets the review standards for Section (b) Multiple Principal Buildings, subject to the following conditions: 1. That the 10 utility easement for communications be abandoned to the City s satisfaction prior to approval of the building permits for the duplex. 2. That this Limited Impact Review 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

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24 Page 24 of 68 STAFF REPORT MEETING DATE: July 23, 2018 AGENDA ITEM TITLE: AGENDA SECTION: Kasper Minor Subdivision Limited Impact Review Public Hearing REQUEST: The request is for limited impact review approval to subdivide Tract B of the Hillside Minor Subdivision into (3) three lots to be known as Kasper Minor Subdivision. APPLICANT: The applicant is Harald Kasper, 421 East Second, Salida, CO LOCATION: The subject property known as Kasper Minor Subdivision is located within Tract B Hillside Minor Subdivision and is located at the base of Tenderfoot Hill and on the north side of County Road 177. 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

25 Page 25 of 68 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. 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) The property is zoned Industrial (I). In accordance with Table 16-D Schedule of Uses; future development of these parcels for single-family dwelling units is considered an Administrative Review. 2) The proposed subdivision 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 has stated in the application materials that the intent for Lot 3 is to build a duplex. 3) The proposed lots are not currently served by City water or sewer. Due to the location, City infrastructure is not available and extensions to this area of the City are not planned. The applicant has proposed individual well and wastewater treatment systems designed by a professional engineer for the project as an alternative until such time as services become available. The applicant will be required to provide proof of well water and wastewater treatment availability, approved by the appropriate jurisdictional agency, at the time of building permit application. Staff is recommending the following condition of approval, According to Salida Municipal Code Section if the properties are developed with well and on-site wastewater treatment systems, either individual or central, and a new water or sewer main is extended within (four hundred) 400 feet of the property they will be allowed to continue such use until such time as the well or septic system either fails or needs enlargement. At that time, the property owner will be required to connect to a water or sewer main that is within four hundred (400) feet. 4) The previously approved Final Subdivision Plat for Hillside Minor Subdivision included a plat note capping the maximum lot coverage at forty (40) percent. This is an appropriate lot coverage and similar to other residential districts. A similar plat note should be considered. 5) Access to the site will be via County Roads 176 and 177. Chaffee County currently provides only minimum maintenance on County Road 176 and no maintenance to County Road 177. The County has previously indicated they will not be responsible for improving or maintaining County Road ) Access permits to County Road 177 must be obtained from Chaffee County at the time of building permit application. Chaffee County will not be responsible for improving or maintaining County Road 177.

26 Page 26 of 68 7) City design standards require local streets to have a detached sidewalk of a least five (5) feet wide. 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. Staff recommends deferral of this requirement at this time due to the lack of existing road infrastructure adjacent to the site. REVIEW AGENCY COMMENTS: Salida Public Works: It is understood that the access to the property via county road will remain in place. Due to proximity to other utilities a well and septic shall be coordinated with the county. Salida Fire Department: No concerns. Salida Police Department: No comments. Atmos Energy: No comments. Xcel Energy: No comments Chaffee County Development Services: No Comments. Chaffee County Planning Manager, Jon Roorda: Hillside Minor Subdivision refers to a revocable permit for access that apparently does not exist. This property does not appear to have legal access. Numerous cross-lot easements are needed for water and sewer. Staff has included the recorded public access easement with the application materials. Shared utility easements are shown on the plat. 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 all of 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. The Comprehensive Plan Land Use Map (3.1) does not specifically assign a land use classification to the parcels under consideration. However, the Comprehensive Plan does encourage a range of housing types to serve a variety of lifestyles, ages, and income levels. Recent changes to the land use code encourage development of residential dwelling across all zoning districts. Therefore, this development is in conformance with the Comprehensive Plan. New development should complement the neighborhood s mass and scale. The lots proposed are in conformance with the land use code and will support development similar to existing homes in the area.

27 Page 27 of 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. The newly created lots are zoned Industrial (I) and must meet the zone district standards when developed. New development must comply with the zone district standards. In the Industrial zone district residential units are administratively reviewed and approved when the applicant demonstrates that the required Dimensional Standards can be met. There is adequate space on each of the proposed lots to accommodate any required offstreet parking. 3. Complies with the Improvement Standards. The proposed subdivision shall be provided with improvements which comply with Article VIII and landscaping which complies with Section a. Streets. Existing and proposed streets shall be suitable and adequate to carry anticipated traffic within and in the vicinity of the proposed subdivision. County Road 177 provides access to the site and is adequate to carry anticipated traffic generated by development of this subdivision. There are currently no curb, gutter or sidewalks in the immediate area. Sidewalks, curb, and gutter are not appropriate for construction at this time. However, when such improvements are brought to the area the property owners should be responsible for the installation of streetscape improvements at that time which may include, but not limited to, sidewalks, streetlights, and street trees as required by the Municipal Code. b. Utilities. Existing and proposed utility services shall be suitable and adequate to meet the needs of the proposed subdivision. Municipal utilities are not available to the site at this time. According to Salida Municipal Code Section Existing domestic wells. (a) Any property within the Water Service Plan Area which is supplied with potable water using an adequate, safe, and adjudicated existing well may continue to use such well to provide potable water. (b) Upon the occurrence of one of the following events, all properties in the Water Service Plan Area within four hundred (400) feet of an established water line or situated on a block abutting an established water line shall be required to connect to the City's water system, in accordance with the specifications, and pay the applicable fees, charges, and costs for new service then in effect: (1) The failure of an existing well, i.e., the well cannot provide adequate and safe water, or requires redrilling; or (2) Expansion of existing structures served by private well that increase the square footage by one hundred percent (100%) or more; or (3) The construction or installation of additional structures on the property served by a private well.

28 Page 28 of 68 Staff has added a condition of approval that a plat note be added with this requirement so that subsequent buyers of the lots are aware of this requirement. 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. There will not be phases with this development. 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. The proposed lots are located at the base of the steep Tenderfoot Hill that provides the backdrop for downtown Salida. The downhill portion of each lot provides the least amount of slope and access to County Road 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. This subdivision is not intended for future resubdivision. 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

29 Page 29 of 68 nonresidential uses is proposed on the site, the dedication shall still be provided for the 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 developer 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. The development plan for this subdivision has three (3) residential lots. However, per plat note number 10 of the Final Subdivision Plat for the Hillside Minor Subdivision, land dedication for parks and open space have been provided for one (1) unit for each Tract A, B, and C of this subdivision. In the event that additional residential units are constructed on either Tract A, B, or C, either by subdivision or Building Permit approval, fees in lieu of land dedication for parks and open space in the amount then in effect shall be payable to the City prior to issuance of building permits. The proposed development includes three residential lots with a one (1) unit credit provided by the previous plat. A payment of fee-in-lieu of the parks, trails and open space dedication for all additional units will be required prior to approval of residential 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. This development does not include any common recreation facilities. 10. Lots and Blocks. a. 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

30 Page 30 of 68 generally shall not be less than three hundred (300) feet nor more than one thousand two hundred (1,200) feet in length. The proposed lots follow the City grid pattern. b. Frontage. Residential lots should front only on local streets; however, when necessary, lots designated to face a collector street shall provide adequate means for automobile turnaround within the lot and should provide consolidated access points to the maximum extent feasible. The proposed lots are regular in shape and front on a County Road. c. Right angles. Side lot lines shall be approximately at right angles or radial to street lines. This standard has been met. d. Double frontage lots. Double frontage lots are prohibited, except where they are necessary to provide for the separation of residential development from collector or arterial streets or to overcome specific limitations of topography or orientation. A planting and screening easement of at least ten (10) feet shall be provided along the portion of the lot which abuts such a collector or arterial street. There shall be no right of access across a planting and screening easement. The screening easement shall be maintained by the property owner. Double frontage lots are not proposed. e. T intersections. The building area of lots shall not face directly into the oncoming traffic of an intersecting street of a T intersection. There will not be any building areas facing a T intersection. f. Solar energy. This standard applies to detached single family homes and not attached units. The Kasper Minor Subdivision lots generally face south/southwest and will have excellent solar exposure. 11. Architecture. This standard applies to residential subdivisions of five lots or more. 12. Fair Contributions for Public School Sites. A plat note should be added noting that the fee-in-lieu of land dedication for public schools will be due at the time of building permit for each residence. RECOMMENDED FINDINGS: The purpose of the limited impact review process for a minor subdivision is to determine the compliance of the application with the review standards contained in Section Recommended Findings: 1. This application complies with the Comprehensive Plan because it would create three lots that can be developed for residential uses incompliance with the zone district standards. 2. The review standards for subdivisions has been satisfied.

31 Page 31 of 68 STAFF RECOMMENDATION: Staff recommends the Planning Commission approve the Kasper Minor Subdivision to subdivide one (1) parcel into three (3) lots, subject to the conditions listed below: RECOMMENDED MOTION: I make a motion to approve the Kasper Minor Subdivision as it meets the review standards for a subdivision, subject to the following conditions: 1. That the applicant provides proof of well water and wastewater treatment availability, approved by the appropriate jurisdictional agency, at the time of building permit application. 2. A plat note be added stating that Pursuant to Section of the Salida Municipal Code: If the properties are developed with well and on-site wastewater treatment systems, either individual or central, and a new water or sewer main is extended within (four hundred) 400 feet of the property they will be allowed to continue such use until such time as the well or septic system either fails or needs enlargement. At that time, the property owner will be required to connect to a water or sewer main that is within four hundred (400) feet. 3. Access permits to County Road 177 must be obtained from Chaffee County prior to building permit application. 4. That plat note capping the maximum lot coverage at forty (40) percent be added. 5. A payment of fee-in-lieu of the parks, trails and open space dedication for one (1) unit has been paid for Tract B of the Hillside Minor Subdivision. Number 3 under General Notes be corrected prior to recording the subdivision. Pursuant to section (8), Parks, Trails and Open Space, of the Salida Municipal Code, as may be amended, land dedication fees-in-lieu have not 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. 6. A plat note be added stating that Pursuant to Section 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. Attachments: Application Packet Subdivision plat Public Access easement Recorded notice of water augmentation GEO Tech report

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40 Page 40 of 68 Andy Riemenschneider 8 Hillside Drive Salida, CO June 25, 2018 Ref: Planning Commission, I am writing in support of the Kaspar Minor Subdivision to be developed by Harald Kaspar. We own the property immediately to the west (upstream). Developing at the base of S Mountain is challenging since there are no City utility services on our side of the tracks. Our project utilized two advanced treatment waste water systems, the first in Chafee County to achieve a 3N rating, and domestic wells. Fitting these components on a small parcel was not easy. The waste water systems and wells require a large offset per Chaffee County s On-Site Waste Water code and to accomplish this, the development of these parcels need to be coordinated. Our wells are located nearest to our west (upstream) property line due to the fact that our neighbor has a well nearby. To provide adequate setback to our waste water system, the waste water components are nearest to our eastern (downstream) property line. This provided the required setback as per Chaffee County s On-Site Waste Water code. The Kaspar Minor Subdivision should install their waste water component nearest to our parcel and their wells to the east as downstream as possible. This groups wells next to wells and waste water systems nearest to waste water systems. This alternating scheme of wells and septic systems also should be carried out as the rest of the area develops and will insure that the drinking water is not contaminated. Thank you, Andy Riemenschneider

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52 Page 52 of 68 PLANNING COMMISSION STAFF REPORT MEETING DATE: July 23, 2018 AGENDA ITEM TITLE: AGENDA SECTION: 3. Amend Article VI. Subdivisions Public Hearing UPDATE: The Commission continued the public hearing on June 25 and 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. 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. The other proposed changes are to provide notice that major subdivisions and condominium plats of five units or greater are required to meet the proposed Inclusionary Housing requirements.

53 Page 53 of 68 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, subject to Council s approval of the proposed Inclusionary Housing chapter, or removal of the references to the proposed chapter. Attachments: Definitions of Resubdivision Exhibit A: Proposed amendments to Article VI. Subdivisions. Advertisement

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55 Page 55 of 68 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.