A Affordable Storage CUP Amendment, in Section 20, T35N R2W NMPM, at 4340B US Hwy 160W and 122 Meadows Dr.

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1 Archuleta County Development Services Planning Department 1122 HWY 84 P. O. Box 1507 Pagosa Springs, Colorado Fax MEMORANDUM TO: Archuleta County Planning Commission FROM: John C. Shepard, AICP; Planning Manager DATE: May 25, 2016 RE: A Affordable Storage CUP Amendment, in Section 20, T35N R2W NMPM, at 4340B US Hwy 160W and 122 Meadows Dr. EXECUTIVE SUMMARY Jeff Heitz, dba A Affordable Storage LLC, and represented by Duke Eggleston, Eggleston Kosnik LLC; has applied for a minor amendment to his approved Conditional Use Permit (CUP) for storage and equipment rental at 4340B US Hwy 160W. Applicant s access to US Highway 160 is at CDOT s capacity limit, and would normally require improvements to Highway 160. This request would permit an approximately 1,000 long secondary access at 122 Meadows Dr., across vacant residential property also owned by the Applicant, as an alternative access. Applicant has also made a concurrent request to the Board of Adjustment for a Variance from the Archuleta County Road & Bridge Design Standards Sec Design Standards for Driveways, to construct a commercial access meeting Sec County Gravel Road Standards, which will be heard separately. There are two questions before the Planning Commission: 1. Does the application qualify as a Minor Amendment to a Conditional Use Permit? 2. Does the application meet the development standards of the Archuleta County Land Use Regulations? REVIEW PROCEDURE Archuleta County Land Use Regulations Section Conditional Use Permit (CUP) provides for Conditional Uses, which require review and evaluation with respect to their effects on surrounding properties and Archuleta County at large. The Planning Commission may approve Minor Amendments to an approved CUP, including modifications to approved site plans, if the request does not alter the basic intent and character of the approved CUP, are consistent with the Site Development Standards (Section 5.4), are deemed necessary in light of technical or engineering considerations first discovered during actual construction, or could not have been reasonably anticipated during the initial review process (Section ). The Planning Commission makes a final decision on a Minor Amendment.

2 Public notice is not required for this application. However, notice was scheduled to be published in the Pagosa Springs Sun, posted on site, and mailed to adjacent property owners for the concurrent Variance request. DISCUSSION A Affordable Storage began as a small mini-warehouse and outdoor storage facility on US Highway 160 between S. Pagosa Blvd and Meadows Dr., with a Conditional Use Permit first approved in 2002, and expanded over time. Selph's Propane shares the current access on Highway 160, as do a pair of vacant lots; however, CDOT would require major improvements to handle additional traffic, making these lots essentially unbuildable. The Applicant is now seeking a change in access to expand his business, adding a secondary commercial access to Meadows Dr, approximately 1,000 feet long, bringing the adjacent residential property under the CUP. (Applicant is currently building a single family home on this property.) Applicant is also seeking to build that access to County gravel road standards, but not to dedicate a public road. The Archuleta County Community Plan of 2001 provides guidance for future development. The Future Land Use Map shows this area as High Density Residential transitioning to Low Density Residential to the south (Medium Density Residential along S. Pagosa Blvd). The Joint Town County Planning Commission Zoning Discussion 2010 map recognizes the parcels fronting US Hwy 160 as Commercial, with the residential parcel designated Mixed-Use Residential. The primary parcel was zoned Commercial (C), and the residential parcel zoned Agricultural Estates (AE), when countywide zoning was adopted in The adjacent lots on US Highway 160 are also zoned Commercial. Our Savior Lutheran Church, also zoned AE, is adjacent on the east side of Meadows Dr. Other adjacent parcels are zoned Agricultural Estates, Rural Residential (Pagosa Meadows) or are in the Town of Pagosa Springs. On April 15, 2014, the Board of County Commissioners approved a new Conditional Use Permit (after Planning Commission review) for A Affordable Storage, for office, UHaul/Budget car rentals, and current and proposed indoor and outdoor storage, with five conditions, including: 2. New site plan be submitted to the Planning Department for review showing the buffer zone along the highway with landscaping, and the CDOT road support network along the highway portion of the property which will need to be approved before submitting to the County Building Department. 5. Meet the CDOT Access Control Plan and request amending access permit before submitting to the County Building Department. The US 160-Pagosa West Access Control Plan (ACP) is an Intergovernmental Agreement between the Town of Pagosa Springs, Archuleta County and CDOT, approved in The ACP is a shared long range vision for managing access to US 160. Principles of Good Access management include to provide a supporting street and circulation system. While not a regulatory document, the Agencies agreed that new development or subdivision shall comply with the Access Control Plan A mutually supporting road network (as shown on maps p.2

3 attached to the document) is the preferred means for meeting travel demands compared to widening US 160. The ACP was officially adopted by the Board of County Commissioners and should be considered in relation to the CUP Review Criteria for effects on transportation facilities and traffic (Sec of the Land Use Regulations). Access Control Plan, Exhibit B During project reviews for the CUP, James Horn, then CDOT Access Management, made the following comments by (3/07/14): 1. This property is identified as Access #5 [in the Access Control Plan] and Exhibit A states that they will lose direct access to the highway with the development of a future supporting road network. This should be stipulated and agreed to by the property owner as part of the approval of the CUP expansion. 2. The county should also request dedication of ROW for this future supporting road network as a condition of the CUP expansion. 3. A request for amendment to their access permit is required. CDOT will need traffic counts for the current use as well as additional use. There is a possibility that highway improvements are necessary as a condition of access. The warrant for a left turn is 10 vehicles/hr. an RV and motor-home are regarded as being equal to 2-passenger car equivalents. Also single unit propane trucks are equal to 2-passenger car equivalents. In January 2015, CDOT approved a modification to the Applicant s Highway 160 access permit to add two new structures. On 7/17/15, staff approved a revised Site Plan for 2 new structures (Condition #2), but not including a proposed south access (Condition #5) for lack of a site plan including the adjacent property also owned by Applicant. That Site Plan also shows drainage and fencing for the business encroaching on the residential parcel a commercial operation is not typically allowed to encroach on a residential property; however, Applicant believed this was in compliance with the 2014 CUP approval. Applicant completed the structures in Discussing further build-out of the mini-warehouse storage approved in the CUP, staff advised the applicant that CDOT, the County and the Town agreed in the US 160 ACP that a system of backage roads would be required for new development. A future collector road between S. Pagosa Blvd. and Meadows Drive would need to be dedicated and built at some point; currently p.3

4 the only method to dedicate public roads is through a Subdivision approval. In the meantime, the Applicant applied to County Road & Bridge for an access permit, in conjunction with plans to build a new home on the parcel. This permit only provides for work to be done in the right-ofway, and did not address the need to amend the approved commercial site plan. Applicant contends that a private driveway across the AE zoned parcel is sufficient, and no higher standard can be required under the Archuleta County Land Use Regulations or Road & Bridge Design Standards. Unable to reach consensus, staff advised the applicant to make application for a decision by the Planning Commission. At the time of preparation of the Staff Report, one call was received from an affected neighbor expressing concern with extending a commercial access across residentially zoned property, and a letter received from Our Savior Lutheran Church objecting to the application. This application and the concurrent Variance were referred to local utilities and regulatory agencies for review, as provided in Section Comments received prior to preparation of this staff report include: CDOT Region 5 Access Manager Jo Heinlein provided extensive comments on the proposal (attached). This driveway on to Highway 160 was considered a key intersection during the ACP process, which requires that this access be closed upon redevelopment of the property and all current uses would be redirected to Meadows Dr. CDOT also expressed concerns regarding access by the propane business, if the Applicant denied cross-access to Meadows Dr., which is not part of the current proposal. Archuleta County will also be required to secure a new State Highway Access Permit for Meadows Drive. Town of Pagosa Springs Planning Director James Dickhoff provided comments (attached) regarding the Access Control Plan, to which the Town is a signatory, noting the need to secure a dedicated public right-of-way. The Town has required that the Hospital dedicate a 60 public right-of-way from S. Pagosa Blvd across their property, leaving a small gap of undeveloped land between Town Limits and A Affordable s property. County Engineering Tech Yari Davis reviewed the application, and with County Engineer Bob Perry recommends not to approve the request. Closing access to Highway 160 and diverting all traffic to Meadows Dr. is a major change. The Engineering Dept. cites the Access Control Plan, and their interpretation that dedication of a 60 public right-of-way is required to comply with the agreement. Engineering is also in general agreement with the Town s comments. Pagosa Fire Protection District Fire Marshal David Hartman noted (attached) that a licensed engineer would need to confirm the access design and construction meets the adopted 2009 International Fire Code. PAWSD noted a concern to stay clear of the manhole on Meadows Dr. LPEA had no objections. The pre-assigned address for the residential parcel is incorrect for the proposed access location on Meadows Dr. In Summary, the typical option to enable further development of property along US Highway 160 would be for developers to expand capacity and/or provide access control, such as turn lanes and/or turn signals, which may require acquisition of additional right-of-way. It is staff s position that the County and Town agreed in the Access Control Plan that future development p.4

5 could provide a supporting road network as an alternative to extensive, expensive improvements to Highway 160. While an access easement may preserve options for future development, a road network requires dedication of public right-of-way through the Subdivision review process. Before acting on the application, the Planning Commission should confirm the Amendment is consistent with the required findings under Section : (1) That the proposed location of the use, the proposed access to the site, and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (2) That, if required by the proposed use, there are adequate and available utilities and public services to service the proposed use, without reduction in the adequacy of services to other existing uses. These utilities and public services may include, but are not necessarily limited to, sewage and waste disposal, water, electricity, law enforcement, and fire protection. (3) That the proposed use will be compatible with adjacent uses, including but not limited to site design and operating factors, such as the control of any adverse impacts including noise, dust, odor, vibration, exterior lighting, traffic generation, hours of operation, public safety, etc. There are essentially two questions to be answered for this proposal: 1. Does the Application qualify as a Minor Amendment to the approved CUP? Or is a Major Amendment, and potentially Subdivision Review, required? 2. Is the proposed Minor Amendment in compliance with the development standards of the Archuleta County Land Use Regulations? RECOMMENDATION AND FINDINGS Should the Planning Commission accept that Applicants have provided sufficient evidence in support of their proposal, staff recommends the Planning Commission find that: a. The application meets the review criteria for a Minor Amendment to a Conditional Use Permit in Section of the Archuleta County Land Use Regulations, and b. The application meets the required findings for a Conditional Use Permit in Section of the Archuleta County Land Use Regulations, and That the Planning Commission approves the request by Jeff Heitz, dba A Affordable Storage LLC, for A Affordable Storage CUP Amendment, in Section 20, T35N R2W NMPM, at 4340B US Hwy 160W and 122 Meadows Dr., with the following additional conditions: 1. The address for the new access will be corrected. 2. Applicant shall record a shared drainage easement, covering the improvements shown on the existing site plan, in case the properties are ever sold separately. p.5

6 3. Applicant shall record a public access easement, 60 in width adjacent to the entire northern property line of the residential property. 4. Applicant shall provide confirmation by a professional engineer that the access design and construction meet the 2009 International Fire Code, prior to any application for a certificate of occupancy. 5. Applicant shall provide an updated access permit issued by the Colorado Department of Transportation prior to any application for a building permit. PROPOSED MOTION I move to approve the request for the A Affordable Storage CUP Amendment, with the Findings A and B of the staff report, and conditions 1-5 of the Staff Report. ATTACHMENTS. Attachment 1: Area Maps Attachment 2: US Highway 160 Access Control Plan Attachment 3: Review Comments Attachment 4: Applicants Narrative Attachment 5: Proposed Improvement Location Certificate (Meadows Dr. Property) Attachment 6: Access Construction Drawings Attachment 7: Approved Site Plan, July 17, 2015 (US Hwy 160 Property) p.6