COMMISSIONERS: DARRYL GLENN (PRESIDENT) MARK WALLER (PRESIDENT PRO TEMPORE) STAN VANDERWERF LONGINOS GONZALEZ PEGGY LITTLETON PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT CRAIG DOSSEY, EXECUTIVE DIRECTOR TO: FROM: El Paso County Planning Commission Tim Trowbridge, Chair Kari Parsons, PM/Planner II Jeff Rice, PE Engineer III Craig Dossey, Executive Director RE: Project File #: CC-16-001 Project Name: Peyton Junction Map Amendment Parcel No.: 32064-10-025 OWNER: REPRESENTATIVE: Peyton Junction, LLC Mark and Desiree Schultz 18250 Pinon Park Road Peyton, CO. 80831 Peyton Junction, LLC Mark and Desiree Schultz 18250 Pinon Park Road Peyton, CO. 80831 Commissioner District: 2 Planning Commission Hearing Date: 2/21/2017 Board of County Commissioners Hearing Date: 3/8/2017 EXECUTIVE SUMMARY A request by Mark and Desiree Schultz on behalf of Peyton Junction, LLC, for approval of a map amendment (rezoning) of 1.4 acres from the A-35 (Agricultural) zoning district to the CC (Commercial Community) zoning district. The property is located north of Highway 24, south of Main Street in Peyton, Colorado and is within Section 6, Township 12 South, Range 63 West of the 6 th Principal Meridian. The property is also included within the Falcon/Peyton Small Area Master Plan (2008). 2880 INTERNATIONAL CIRCLE, SUITE 110 COLORADO SPRINGS, CO 80910-3127 PHONE: (719) 520-6300 FAX: (719) 520-6695 WWW.ELPASOCO.COM
The subject property was platted in 1889 as the (Town of) Peyton Mayfield Plat. The property was initially zoned on March 25, 1999, to the A-35 (Agricultural) zoning district, pursuant to the County initiated zoning of eastern El Paso County. Located on the property are a single-family home and three buildings currently being used for commercial (boutique retail) uses. A. REQUEST/WAIVERS/MODIFICATIONS/AUTHORIZATION Request: Approval of a map amendment (rezoning) of 1.4 acres from the A-35 (Agricultural) zoning district to the CC (Commercial Community) zoning district. Waiver(s)/Modification(s): The standard fee for a map amendment (rezoning) is $3,587.00; however, a fee reduction of $400.00 was granted for this application by the Director in 2014. The applicants paid $3187.00 to the Planning and Community Development for the map amendment (rezoning) application fee. The applicants are now requesting a waiver (refund) of the remaining portion of map amendment (Rezoning) application fee in the amount of $3,187.00. Authorization to Sign: A license agreement to allow a portion of the existing garage to encroach into the County right-of-way for Main Street. B. PLANNING COMMISSION SUMMARY Request Heard: Recommendation: Waiver Recommendation: Vote: Vote Rationale: Summary of Hearing: Legal Notice: C. APPROVAL CRITERIA In approving a Map Amendment (rezoning), the following findings shall be made: The application is in general conformance with the El Paso County Master Plan including applicable Small Area Plans or there has been a substantial change in the character of the neighborhood since the land was last zoned; The rezoning is in compliance with all applicable statutory provisions including, but not limited to C.R.S 30-28-111 30-28-113, and 30-28-116; The proposed land use or zone district is compatible with the existing and permitted land uses and zone districts in all directions; and
The site is suitable for the intended use, including the ability to meet the standards as described in Chapter 5 of the Land Development Code, for the intended zone district. D. LOCATION North A-35 (Agricultural) South A-35 (Agricultural) East A-35 (Agricultural) West A-35 (Agricultural) Utility Building/Single-family residential Public works yard / Single-family residential Single-family residential Single-family residential E. BACKGROUND The subject property was platted in 1889 as (the Town of) Peyton Mayfield Plat. The property was not zoned until March 25, 1999, pursuant to the County initiated zoning of eastern El Paso County. The area was zoned to the A-35 (Agricultural) zoning district, which had the effect of creating legal non-conformities with respect to the applicable dimensional and use standards of the A-35 zoning district. At the time of the County initiated zoning in 1999, the staff report presented to the Board of County Commissioners identified that many of the smaller platted lots would not be in conformance with the use and dimensional standards of the proposed A-35 zoning district. The report also noted that the existing commercial uses in the Peyton town site would be rendered non-conforming. The report concluded that some rural commercial zone changes can be expected. Each of the non-specific commercial uses present on site at the time of the County initiated zoning lapsed at some point after the 1999 zoning, eliminating the legalnonconforming use status for the commercial uses. Retail commercial uses are present today. No complaints have been filed regarding the commercial uses. As the parcel exists today, it consists of 16 platted lots, each 25 feet wide, which were combined for tax purposes through the County Assessor s Office. An existing singlefamily home, which is an allowed use in the A-35 zoning district, is located on and straddles the lot line separating Lots 1 and 2. The single-family residence is served by a well and on-site wastewater treatment system (OWTS). In addition to the single-family residence, there are also three other buildings located on Lots 8-16 of the merged parcel that are currently being used for boutique retail. Two wells serve the retail uses. Each building has a permitted individual on-site wastewater-treatment system (OWTS). The retail uses are not allowed uses in the A-35 zoning district. The proposed map amendment to the CC zoning district, if approved, would legalize the commercial uses, but would also render the single-family residential use non-conforming since it is not an allowed use in the CC zoning district.
The applicants also own Lots 21-26 of the Peyton Mayfield Plat. Those lots are zoned A-35 and are currently vacant. None of the lots are included in this rezone request, which means they will remain zoned A-35. The applicants propose to convert the existing single-family dwelling into a mixed-use building in the future; however, the applicants have stated that the timing is going to be driven by the market. Mixed-use building is defined in the El Paso County Land Development Code (2016) as [a] building, planned, and constructed as a unit, used partially for residential use and partly for commercial uses including, but not limited to, office, retail, public uses, personal service, or entertainment uses, and is identified as a special use in the CC (Community Commercial) zoning district. Garage Residence Shed Shed Retail Retail Retail REZONE MAP
The applicants have provided State of Colorado water determinations verifying the allowed commercial and residential well water use. Those documents are attached to this report for information purposes. Water feasibility and sufficiency are not approval criteria for a map amendment (rezoning). The Colorado Groundwater Commission has made a Determination of Water Right for the total acreage of the merged parcel for each underlying groundwater aquifer. The Colorado Groundwater Commission has allocated 1.87 acre feet (Approximately 610,000 gallons per year or 16,710 square feet of building space) of water for Lots 1-16 combined with Lots 21-26, Block 10, Town of Peyton Mayfield, based upon an annual withdrawal over a 100 year period. The rezoning request is for Lots 1-16. Lots 21-26 which are under the same groundwater determination would remain zoned as A-35 and, as mentioned above, are vacant with the exception of existing storage sheds. F. ANALYSIS 1. Land Development Code Analysis The map amendment (rezoning) requested is in conformance with the El Paso County Policy Plan (1998), as discussed below. The staff report to the Board of County Commissioners for the 1999 County initiated rezoning stated the following: The town site (Peyton) is recommended for the A-35 district at this time. It is recognized that future site specific rezoning will be appropriate to bring the area more into consistency with the adopted Falcon/Peyton Comprehensive Plan. The staff report also identified that commercial uses were present and would become legal non-conforming uses pursuant to the new A-35 zoning. Nonconforming uses cease to be legal when they are discontinued for a period of two years or more, as was the case with the prior commercial uses on the subject properties. The CC (Commercial Community) zoning district is intended to accommodate retail sales and service establishments that generally require freestanding or small center type buildings and that primarily serve adjoining neighborhoods, as stated in Chapter 3, of the Land Development Code (2016). The existing boutique retail uses on the subject property are within the existing buildings located on merger parcel. The physical characteristics, such as narrow width, shortened length, and petite square footage of the of the original platted lots limit the intensity of potential commercial uses by physically limiting area available to put towards meeting the applicable parking, landscaping, and
building area standards and on-site wastewater treatment system spacing requirements. Recommended Condition No. 4 states that the applicants shall obtain the appropriate permit(s) or approval(s) from El Paso County Public Health for any septic system upgrades or for the construction of any new system(s) necessary to accommodate expansion or changes to the current uses. Documentation for the existing on-site wastewater treatment system and El Paso County Public Health review comments of the application by are attached to this report. The lots are physically suitable for most low-intensity retail or commercial uses allowed in the CC zoning district. Condition No. 1 assures that a site development plan submittal and approval is required prior to establishing a new use. At that time, El Paso County Public Health would also be asked to review the plan for compliance with their regulations. Any expansion of an existing structure or any construction of a new structure will require approval of a site development plan and, depending on the configuration of the parcels at the time of site development plan submittal, may require a Board of Adjustment approval for lot area variance and/or setback variance due the constrained nature of the historic lots and merger parcel. Because of the configuration of the existing lots, approval of a vacation of interior lot lines or merger may also be required for any expansion of an existing structure or for the construction of any new structures to ensure that such expansion or new structure would not straddle an existing lot line. There is an existing garage on Lot 1 that is accessory to the existing single-family home. The garage encroaches into the undeveloped portion of Main Street, a County right-of-way. Approval of a license agreement is required and is being requested by the applicants concurrent with this map amendment (rezoning) request. If approved, the license agreement would authorize the encroachment of the garage into the right-of-way. The proposed license agreement is attached to this report. Water sufficiency is not a listed criterion for approval of a map amendment (rezoning); however, the applicants have submitted documentation from the Colorado Groundwater Commission that identifies that commercial and domestic (residential) uses are allowed under the determination. Recommended Notation No. 4 states that the commercial uses should be limited based on the water allocation by the Groundwater Commission. The County has no effective way of monitoring groundwater withdrawals pursuant to the Commission s allocation.
The requested rezoning is in compliance with the approval criterion identified in the Code with exception to the encroachment of the existing buildings into the setbacks, as stated above. 2. Zoning Compliance The density and dimensional standards of the CC (Commercial Community) zoning district, which is the proposed rezoning designation of the parcel, as established in Section 5.4.2, Table 5-5 of the Code are listed below: Minimum zoning district lot size 1 acre Minimum lot size- none Setbacks 25 feet from the perimeter boundary of the zoning district Maximum building height 40 feet Maximum lot coverage none The property is currently zoned A-35 (Agricultural) which requires a 25 foot setback from all property lines and a minimum lot size of 35 acres. None of the lots or existing buildings are in conformance with the A-35 dimensional standards. All the platted lots are less than one acre and all of the structures encroach into the 25 foot setbacks. Lots 1-6 are approximately 25 feet by 145 feet (3,635 square feet) each. Lots 7-16 are 25 feet by 155 feet (3,875 square feet) each. These existing non-conformities were acknowledged at the time of the County initiated zoning and were determined at that time to be legal nonconformities within the A-35 zoning district. This request to rezone from the A-35 zoning district to the CC zoning district will reduce the non-conformities because the CC zoning district does not require internal side yard setbacks or establish a minimum lot size. 3. Policy Plan Analysis The El Paso County Policy Plan (1998) has a dual purpose; it serves as a guiding document concerning broader land use planning issues, and provides a framework to tie together the more detailed sub-area elements of the County Master Plan. Relevant policies are as follows: Policy 6.2.14 - Encourage the reasonable accommodation of mixed uses within neighborhoods for the purposes of promoting land use efficiency and providing housing options. Policy 6.3.4 Commercial, office, industrial, and residential development should be compatible with surrounding land uses in terms of scale, intensity and potential impacts.
As discussed above, the existing boutique retail uses on the subject property are within the existing buildings located on the lots. The physical characteristics, such as narrow width, shortened length, and petite square footage of the combined lots limit the intensity, scale and impacts of potential commercial uses by only accommodating a limited amount of parking to serve the commercial businesses, landscaping area, available building area, and on-site wastewater treatment systems. The potential for increased impacts to adjacent properties beyond what is currently present on the site should be minimal due to the selflimiting physical characteristics of the subject lots. Repurposing the single-family building into a mixed use building could prove to be a more efficient use of the land than many of the historical uses as will provide both a housing and employment option, thereby meeting the intent of the Plan. 4. Small Area Plan Analysis The property is within the boundaries of the Falcon/Peyton Small Area Master Plan (2008). More specifically, the property is within the Peyton Town Site subarea. The Plan identifies this area as the historic town center of Peyton. The relevant policies from the Plan are as follows: Policy 4.4.2.1- Allow the potential for development and redevelopment in the vicinity of the existing Peyton town site as rural commercial center if services can be reasonably provided. Policy 4.24.2.2- Encourage any future commercial development in the Peyton town site area to respect and build on the historic town center. The applicants have proposed to retain the historic characteristics of the town by rezoning the subject property to the CC (Commercial Community) zoning district and preserving four (4) of the existing buildings. The applicants previously upgraded the exterior of the four buildings, which should help reintroduce a commercial presence to the historic town center along Front Street and Second Street. The applicants have provided water documentation from the Groundwater Commission and on-site wastewater permit documentation to show that services are reasonably provided.
5. Other Master Plan Elements The Master Plan for Mineral Extraction (1996) does not identify mineral deposits of commercial value in the area of the subject property. G. PHYSICAL SITE CHARACTERISTICS 1. Hazards A geology, soils, and hazards report is not required to be submitted with a map amendment (rezone) request. There are no known hazards that would preclude development at this time. 2. Wildlife Potential impact to wildlife is generally low as depicted in the El Paso County Wildlife Descriptors Map (1996). 3. Floodplain The subject property does not contain a designated FEMA 100-year floodplain, as shown on Flood Insurance Rate Map (FIRM) 08041C0375F for El Paso County, dated March 17, 1997. 4. Drainage and Erosion The subject property is located within the Upper Brackett Creek Drainage Basin, which does not have a Drainage Basin Planning Study. Any further development of the rezone area will be subject to County drainage, grading, and erosion control requirements at that time. 5. Transportation The site is served from U.S. Highway 24, Bradshaw Road, Railroad Street and the surrounding local roads in Peyton, including Main Street, Second Street, Front Street and Manitou Street. The existing County infrastructure is adequate for the current traffic; however, when additional development occurs in the rezone area roadway improvements may be required. Because the buildings and commercial uses within the rezone area exist and/or have existed in the past, a traffic study was not required with this rezone application. H. SERVICES 1. Water Sufficiency: Quality: N/A Quantity: N/A Dependability: N/A
The site is not within a water district. The property is to be served by three onsite wells. Documentation regarding the water allocation is attached for reference. Findings with regards to water sufficiency are not required with rezoning requests. 2. Sanitation The site is not within a wastewater district. Each building on the property is served by an on-site wastewater treatment system. Findings with regards to wastewater disposal are not required with rezoning requests; however, El Paso County Public Health provided comments regarding the rezone request (see attached). Condition No. 4 requires the applicants to meet El Paso County Public Health requirements at the time of building expansion, construction of a new structure, or with a change in use. 3. Emergency Services The property is within the Peyton Fire Protection District. The District was provided a referral and did not provide comment. 4. Utilities Mountain View Electric Association provides electrical service. The site is also served by propane gas. 5. Metropolitan Districts The property is not within a metropolitan district. 6. Parks/Trails The El Paso County Parks Master Plan (2013) shows no open space, park facilities, or trails intersected by or within the project area. A map amendment (rezone) does not require payment of park fees. 7. Schools The subject property is within the boundaries of Peyton School District No. 23. School dedication requirements or fees in lieu of land dedication are not applicable to map amendment (rezone). I. APPLICABLE RESOLUTIONS Approval Page 27 Disapproval Page 28
J. STATUS OF MAJOR ISSUES There are no issues associated with this request. K. RECOMMENDED CONDITIONS AND NOTATIONS Should the Planning Commission and the Board of County Commissioners find that the request meets the criteria for approval outlined in Section 5.3.5 of the El Paso County Land Development Code (2016), staff recommends the following conditions and notations. 1. Any future expansion of the structures or change in use shall be in accordance with the use, density, and dimensional standards of the CC (Commercial Community) zoning district and with the applicable sections of the Land Development Code and Engineering Criteria Manual (2015). A Board of Adjustment hearing may be required to grant a variance from strict compliance with the zoning dimensional standards in order to facilitate any future building expansion. Any expansion or change in use will also trigger the requirement for submittal and approval of a site development plan. 2. A special use application and site development plan shall be submitted and approved prior to establishing the mixed-use residential use within the existing single-family residence. 3. The expansion of an existing structure or construction of a new structure may require approval from the Board of Adjustment to provide relief from the zoning dimensional standards. Any building expansion or the construction of a new structure will trigger the requirement for approval of a site development plan prior to issuance of a building permit. 4. Approval of a vacation of interior lot lines or merger request is required for any building expansion or for construction of a new structure(s). The configuration of the subsequently created lots (after the vacation of interior lot lines or merger) shall be based on the legal description(s) of the Colorado Ground Water Commission decree. 5. The applicants shall obtain the appropriate permit or approval from the El Paso County Public Health for any onsite wastewater treatment system (OWTS) upgrades or for the construction of any new system(s) necessary to accommodate expansion or changes to the current uses. 6. The applicant shall meet the requirements of the Pikes Peak Regional Building Department at the time of any building expansion, the construction of any additional structure, and/or prior to a change in use.
NOTATIONS 1. If a zone or rezone petition has been disapproved by the Board of County Commissioners, resubmittal of the previously denied petition will not be accepted for a period of one (1) year if it pertains to the same parcel of land and is a petition for a change to the same zone that was previously denied. However, if evidence is presented showing that there has been a substantial change in physical conditions or circumstances, the Planning Commission may reconsider said petition. The time limitation of one (1) year shall be computed from the date of final determination by the Board of County Commissioners or, in the event of court litigation, from the date of the entry of final judgment of any court of record. 2. Rezoning requests not forwarded to the Board of County Commissioners for consideration within 180 days of Planning Commission action will be deemed withdrawn and will have to be resubmitted in their entirety. 3. Applicants are hereby on notice that all structures may need to be in conformance with the rules and regulations of the Pikes Peak Regional Building Department at the time of establishing a new use. 4. The Colorado Groundwater Commission has allocated 1.87 acre feet of water for Lots 1-16 combined with Lots 21-26, Block 10, Town of Peyton Mayfield, based on an annual withdrawal over a 100 year period. The applicants are hereby on notice that uses on the property may be constrained by the allocated water as identified in the Colorado Groundwater Commission documents for the property, and by the limitations of the on-site wastewater treatment system(s). L. PUBLIC COMMENT AND NOTICE The Planning and Community Development Department notified eleven (11) adjoining property owners on February 6, 2017, for the Planning Commission meeting. Responses will be provided at the hearing. M. ATTACHMENTS Vicinity Map Letter of Intent Rezone Map Water Documentation Wastewater Documentation El Paso County Public Health Comment Letter License Agreement