planning commission - 14 jan 2020

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551 Hot Springs Blvd - Town Hall Pagosa Springs, CO 81147 AGENDA Planning Commission Meeting Tuesday, January 14, 2020 @ 5:30 PM I. CALL MEETING TO ORDER II. ANNOUNCEMENTS A. Water Works future vision public process, February 5 and 19 and March 4, 5-7 p.m. at the Community Center. III. APPROVAL OF MINUTES A. Approval of the December 10, 2019 Meeting Minutes Planning Commission - 10 Dec 2019 - Minutes - Pdf IV. PUBLIC COMMENT An opportunity for the public to provide comments and to address the Planning Commission on items not on the agenda. V. PLANNING COMMISSION A. Elect Planning Commission Chair and vice-Chair for 2020. Agenda Brief - Elect Planning Commission Chair and vice-Chair for 2020. - Pdf B. Selection of 2020 meeting date and time. Agenda Brief - Selection of 2020 meeting date and time. - Pdf C. Partial Vacation of S. 5th Street ROW adjacent to 703 S. 5th Street. Agenda Brief - Partial Vacation of S. 5th Street ROW adjacent to 703 S. 5th Street. - Pdf VI. BOARD OF ADJUSTMENTS A. Front Setback Variance for 703 S. 5th Street Agenda Brief - Front Setback Variance for 703 S. 5th Street - Pdf VII. REPORTS AND COMMENTS A. Planning Commission - Comments, Ideas and Discussion B. Staff Report - Projects, Updates and Upcoming Development Applications C. Upcoming Town Meeting Schedule D. Planning Department Report Agenda Brief - Planning Department Report - Pdf VIII. PUBLIC COMMENT An opportunity for the public to provide comments and to address the Planning Commission on items on the agenda. IX. ADJOURNMENT Page 1 of 22

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Page 1: Planning Commission - 14 Jan 2020

551 Hot Springs Blvd - Town Hall

Pagosa Springs, CO 81147

AGENDA

Planning Commission Meeting

Tuesday, January 14, 2020 @ 5:30 PM I. CALL MEETING TO ORDER II. ANNOUNCEMENTS A. Water Works future vision public process, February 5 and 19 and March 4, 5-7 p.m. at the Community

Center. III. APPROVAL OF MINUTES A. Approval of the December 10, 2019 Meeting Minutes

Planning Commission - 10 Dec 2019 - Minutes - Pdf IV. PUBLIC COMMENT

An opportunity for the public to provide comments and to address the Planning Commission on items not on the agenda.

V. PLANNING COMMISSION A. Elect Planning Commission Chair and vice-Chair for 2020.

Agenda Brief - Elect Planning Commission Chair and vice-Chair for 2020. - Pdf B. Selection of 2020 meeting date and time.

Agenda Brief - Selection of 2020 meeting date and time. - Pdf C. Partial Vacation of S. 5th Street ROW adjacent to 703 S. 5th Street.

Agenda Brief - Partial Vacation of S. 5th Street ROW adjacent to 703 S. 5th Street. - Pdf VI. BOARD OF ADJUSTMENTS A. Front Setback Variance for 703 S. 5th Street

Agenda Brief - Front Setback Variance for 703 S. 5th Street - Pdf VII. REPORTS AND COMMENTS A. Planning Commission - Comments, Ideas and Discussion B. Staff Report - Projects, Updates and Upcoming Development Applications C. Upcoming Town Meeting Schedule D. Planning Department Report

Agenda Brief - Planning Department Report - Pdf VIII. PUBLIC COMMENT

An opportunity for the public to provide comments and to address the Planning Commission on items on the agenda.

IX. ADJOURNMENT

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Page 2: Planning Commission - 14 Jan 2020

551 Hot Springs Blvd - Town Hall Pagosa Springs, CO 81147

MINUTES

Planning Commission Meeting December 10, 2019 @ 5:30 PM

A regular meeting of the Planning Commission was called to order on December 10, 2019, at 5:30 PM in the 551 Hot Springs Blvd - Town Hall. COMMISSION PRESENT:

Commissioner Hurley, Commissioner Pitcher, Commissioner Sukcik, Commissioner Posey, Commissioner Hudson, and Commissioner Weiler

COMMISSION ABSENT: Commissioner Adams 1 CALL MEETING TO ORDER 2 ANNOUNCEMENTS a) None.

3 APPROVAL OF MINUTES a) Approval of the November 26, 2019 Meeting Minutes

4 PUBLIC COMMENT a) None.

5 PLANNING COMMISSION a) Review and feedback on San Juan River Overlook sign proposal.

Tourism Director Green presented the item to the Planning Commission.

Chair Pitcher asked where on the structure the sign will be mounted. Ms. Green responded it's not certain but likely most visible location for both directions of traffic, likely the front. Commissioner Posey asked to clarify lighting. Ms. Green responded no lighting in rear but lit through from behind like other town signs. Need to get electric to the site for power or figure out solar configuration that will work. Commissioner Hudson asked about the size of the letters and the language. Commissioner Sukcik asked if paid with lodgers' tax revenue.

Commissioner Pitcher asked if it meets the Town sign code. Director responded that the frontage dictates the size and the sign is 47.25 SF. Commissioner Posey said he likes the sign and it's important.

Commissioner Sukcik moved to approve the direction on the signage of the San Juan River Overlook sign, Commissioner Hurley seconded.

Carried.

6 DESIGN REVIEW BOARD a) Final Design Review, Town Shop Located at 703 S. 5th Street.

Applicant: Town of Pagosa Springs – Town Maintenance Facility Redevelopment

Property Location: 703 S. 5th Street.

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APPROVAL OF MINUTES III.A.

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Planning Commission December 10, 2019

Current Zoning: Public/Quasi Public (PS)

Application Consideration: FINAL Major Design Review

The Town has received the FINAL Major Design Review application for the Town Maintenance Facility Redevelopment.

Director Dickhoff presented the Agenda Brief. Explained project is prepared under Mixed-Use standards as there is no standard identified for Public zoning.

Commissioner Posey asked why a vacation would be preferable to a variance. Director responded will need to build over a property line so vacation will achieve. Chair asked if it will affect paving on 5th; Director answered no. Cmmr. Hudson asked if the shop parking will interact with parking for school events; Director responded no street configuration changes so no impact. No landscaping on interior of site. The buildings serve as screening to the interior.

Mike Davis, Davis Engineering provided verbal explanation of drainage. Because of location characteristics, opportunity to improve regional drainage. Existing culverts handle about 30 CFS but there's demonstrated need for up to 110 CFS. It's not normal that a municipality can afford to convey this level of drainage but in this case they can. Cmmr. Hudson asked the impact to parking with impermeable surfaces. Mr. Davis responded that it would make a huge difference although we are required to pave for air quality. Director added that there is an opportunity in the LUDC to allow for it. Mr. Davis indicated about 10% reduction in CFS and that it's also a trade-off. Pervious surfaces have been unsuccessful in this location and climate; not to say there aren't opportunities but we have a lot of factors working against us in our area. Cmmr. Pitcher indicated the school district created problems with their parking lot and Town is looking at improvements and we can do better going forward. Mr. Davis added that there are other impervious areas in the region that contribute to the issues. Cmmr. Pitcher mentioned that the 36 inch culverts may be attractive to park visitors.

Director indicated snow storage was short but that snow could be moved off-site, similar to highway storage and moving operations.

Property will be accessed primarily from Pirate Drive and secondarily from 6th Street.

Brad Ash, architect added they coordinated with ASD on sidewalk location.

Cmmr. Hudson noted there are two blank walls especially where the parking areas are. Director added that Town asked ASD if they have an art student group to add art. Director stated the landscaping provides buffering but doesn't show in the perspectives. Brian Huff, architect, discussed stepping roof lines and practical standpoint is difficult to articulate this type of building but public art and landscape will help.

Cmmr. Hurley asked if we can convey landscape along with the perspective images. Director referred to the landscape plan. Indicated that generally they design addresses the 4-sided design fairly well.

Cmmr. Hudson asked about the neighborhood meeting; Director responded that overall positive comments.

Cmmr. Posey asked if correct that there is no fenestration into the site; Mr. Huff responded that generally yes, but there is a location on 6th.

Cmmr. Pitcher opened to public comment.

Jim Hannifin, 650 S. 6th St. asked about the fence. Mr. Huff said neighbor meeting wanted 8 foot fence combined wood/metal panel fence. Closed public comments.

Commissioner Hurley moved to approve the Final Major Design Review application for the

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APPROVAL OF MINUTES III.A.

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Planning Commission December 10, 2019

proposed Town Maintenance Facility redevelopment located at 703 S. 5th Street finding the development plan complies with all applicable development and design standards set forth in the Land Use Code, and is consistent with the Comprehensive Plan future land use map, contingent on the design team providing the following for the Planning Director's approval:

1. An exterior lighting and illumination plan 2. Exploration of treatment of 2 blank walls 3. And that the applicant seek a setback variance or ROW vacation to accommodate the

proposed building setbacks, Commissioner Hudson seconded.

Carried.

7 PLANNING COMMISSION a) PC Resolution 2019-01, Providing Recommendations Regarding Annexation Petition 2019-01 Based on

Findings of Fact for the River Rock Estates Annexation.

The Planning Commissions consideration is to determine a recommendation for Town Council regarding the proposed annexation, formalizing their decision and recommendation in PC Resolution 2019-23.

Director Dickhoff presented the Agenda Brief. Ryan Searle, BWD presented for the applicant. 10 single family lots with trail easement and easement to connect to Light Plant Road. Originally proposed as denser project but with floodway/floodplain was cost prohibitive so they scaled back. Director explained that Town Council directed staff to hold a work session with TC to discuss the annexation prior. Annexation is completely discretionary act so even though a request may meet the criteria, Town Council may deny for any reason or no reason. The real consideration is the public benefit provided. Council considered the easement dedications as a benefit to the public. Cmmr. Pitcher asked about location of trail; Director responded not certain but generally in red hash lines on proposal. Cmmr. Hudson asked why not going to 3rd Street. Mr. Searle indicated they would be willing. Cmmr. Pitcher indicated seems enough to put under bridge and river walk should stay along river, not diverge. Cmmr. Sukcik asked the benefits of annexing vs. not. Director responded the river trail is a big benefit. Negative impacts minimal with only 10 lots. Cmmr. Hurley asked why. Mr. Searle indicated they are compelled by sewer district. Cmmr. Posey asked who will build the trail and incur the expense. Director indicated TC wasn't eager for hard surface improvement. Cmmr. Posey said out of character with remainder of Town trail. Cmmr. Pitcher indicated in some ways it creates a more natural experience. Cmmr. Posey asked about the gated feature. Mr. Searle answered yes they will gate both ends of their private road. Asked what other gated communities in the Town. Director answered the Knolls is gated. Cmmr. Hudson asked about the annexation agreement. Director answered Planning Commission does not review that but PC can make recommendations to Town Council to consider including. No comments during the public comment period.

Commissioner Hurley moved to approve PC Resolution 2019-01 setting forth findings of fact and recommending Town Council approve the Petition for annexation 2019-01 for property known as the River Rock Estates annexation, with the following amendment that the trail as proposed follow the river, Commissioner Hudson seconded.

Carried.

b) PC Resolution 2019-02 providing zoning recommendations based on findings of fact for the River Rock Estates Annexation

The Planning Commission’s consideration for Resolution PC-2019-02 is for providing a recommendation on zoning for the River Rock Estates annexation. Director Dickhoff presented the Agenda Brief. Cmmr. Hudson asked if R-6 allows ADUs; Director answered yes it does. Cmmr. Posey asked if restrictions on STRs; Director indicated no current restrictions on STRs in ADUs. No comments during the public comment period.

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APPROVAL OF MINUTES III.A.

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Planning Commission December 10, 2019

Commissioner Posey moved to approve PC Resolution 2019-02, recommending the River Rock Estates Annexation be zoned Low Density Residential, Commissioner Hudson seconded.

Carried.

c) Annual Adoption of Three Mile Plan

Director Presented the Agenda Brief.

Cmmr. Hudson asked why Town is mentioned as deeded water rights as part of annexation. Director response that Town and PAWSD had no need for those rights at this time. Asked about the lists of benefits and costs; Director responded that the lists will be provided to Town Council; lists will be rather short considering

Commissioner Hurley moved approve a recommendation for Town Council to approve and adopt the 2020 Three Mile Plan of the Town of Pagosa Springs, Commissioner Posey seconded.

Carried.

d) Cotton Hole Park Traffic Circulation Options

Planning Director presented the Agenda Brief and described the public open house. Cmmr. Hudson mentioned directing parking with signage; Director responded that may be moving the problem from one area to another. Park parking and road improvements are separate projects. Cmmr. Pitcher indicated he's supported acquiring this property for parkland, it's a special place. He wanted to area to remain as natural and unchanged as possible. Thinks parking will ruin the area so require park elsewhere to get to the park. Cmmr. Posey noted that residents' parking is compromised if no parking is provided. Cmmr. Hudson noted that fire trucks go down currently; can deal with parking without changing park area; what about "resident parking only".

Cmmr. Suckic excused herself.

Commissioner Hudson moved to recommend Option D with a hammerhead in the alley and encourage Town to look at parking on 2nd Street and consider resident parking only on Hermosa Street between 2nd Street and the cul-de-sac, and to leave cul-de-sac if not impinging on the red-roof house, Commissioner Hurley seconded.

Carried.

8 REPORTS AND COMMENTS a) Planning Commission - Comments, Ideas and Discussion

b) Staff Report - Projects, Updates and Upcoming Development Applications

c) Upcoming Town Meeting Schedule

9 PUBLIC COMMENT a) at 8:11 p.m.

10 ADJOURNMENT

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APPROVAL OF MINUTES III.A.

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AGENDA BRIEF

MEETING: Planning Commission - 14 Jan 2020

FROM: Cindy Schultz, Senior Planner

PROJECT: Elect Planning Commission Chair and vice-Chair for 2020.

ACTION: Consideration and decision.

PURPOSE/BACKGROUND:

Article 2 of the Land Use and Development Code states, "Annually, at the first regular meeting of the year, each board and commission shall elect, by majority vote, from its membership a Chair and vice-Chair, with each being eligible for re-election, and each serving a one-year term..."

RECOMMENDATIONS:

1. Move to elect [PC member name] to Planning Commission Chair and [PC member name] to Planning Commission vice-chair for 2020.

PLANNING COMMISSION V.A.

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Page 7: Planning Commission - 14 Jan 2020

AGENDA BRIEF

MEETING: Planning Commission - 14 Jan 2020

FROM: Cindy Schultz, Senior Planner

PROJECT: Selection of 2020 meeting date and time.

ACTION: Select meeting date and time for 2020.

PURPOSE/BACKGROUND:

Article 2 of the Land Use and Development Code states "each board and commission shall establish a meeting schedule that meets frequently and regularly. All meetings shall be open to the public... "

While the LUDC does not prescribe when the schedule should be set, therefore the Planning Commission may select a time and date/day of month they choose. Consistency is advisable and the current PC meeting schedule is 2nd and 4th Tuesdays of each month, at 5:30 in the Council Chambers, as available to the Commission.

RECOMMENDATIONS:

1. Move to recommend the Planning Commission set their regular meeting schedule for 2020 as the 2nd and 4th Tuesdays of each month, at 5:30 p.m. to be held in Town Hall Council Chambers.

2. Move to recommend the Planning Commission set their regular meeting schedule for 2020 as the [first, last...] [day of the week] at [time] to be held at Town Hall Council Chambers.

PLANNING COMMISSION V.B.

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Page 8: Planning Commission - 14 Jan 2020

AGENDA BRIEF

MEETING: Planning Commission - 14 Jan 2020

FROM: James Dickhoff, Planning Director

PROJECT: Partial Vacation of S. 5th Street ROW adjacent to 703 S. 5th Street.

ACTION: Planning Commission Recommendation

PURPOSE/BACKGROUND:

Applicant: Town of Pagosa Springs

Property Location: 703 S. 5th Street

Current Zoning: Public/Quasi Public (PS)

The Town of Pagosa Springs has submitted an application for vacation of a portion of the South 5th Street ROW adjacent to the Town Shop located at 703 S. 5th Street.

The Design Review Board considered the Town Shop Major Design Review Final application at a public hearing on December 10, 2019, who subsequently “Approved the Final Major Design Review application for the proposed Town Maintenance Facility redevelopment located at 703 S. 5th Street finding the development plan complies with all applicable development and design standards set forth in the Land Use Code, and is consistent with the Comprehensive Plan future land use map, contingent on the design team providing the following for the Planning Director's approval:

1. An exterior lighting and illumination plan 2. Exploration of treatment of 2 blank walls 3. And that the applicant seek a setback variance or ROW vacation to accommodate the proposed building

setbacks.”

The New Town Maintenance Facility is scheduled to break ground in April 2020 with anticipation of completion by the first quarter of 2021.

In essence, to accommodate the Town’s determined expanded facility size, there is a need to request a partial ROW vacation along S. 5th Street. To maintain the required PS District front setback of 20 feet along S. 5th Street, a 20-foot wide vacation along the Town Shop Site is being requested.

The current ROW adjacent to the Town Shop is 80 feet wide, however, the ROW width directly north of the Town Shop site is 60 feet wide due to a previous partial ROW vacation extending to Apache Street, which vacated 10 feet on the west and east side of 5th Street. The proposed partial 20 foot ROW vacation along the western side of the 5th St ROW will result in a ROW width of 60 feet, consistent with the existing 60' ROW width directly north of of this subject ROW vacation request.

Unrelated to the Town Shop design considerations, The Town completed a Road reconstruction Improvement of S. 5th Street in 2019 which included a center-line shift adjacent to the Town Shop. This center-line shift resulted in some flexibility for this ROW vacation consideration.

To accommodate the additional land needed for the long-term Town Maintenance facility needs, the Town also worked with the School District for their conveyance of an 80 feet strip of land bordering the south and west side of the Town Shop parcel, to the Town for the shop expansion project.

PLANNING COMMISSION V.C.

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Staff finds that the ROW Vacation request complies with all approval criteria. Since the ROW and Town Shop are publicly owned and maintained, staff believes this is a very reasonable request.

Staff has provided a response (underlined) to each of the following 5 required approval criteria for ROW Vacations and the three conditions of approval.

LUDC 2.4.3.D.ii Vacation of right-of-way and other public easements Approval Criteria.

The Town Council may approve a right-of-way or public easement vacation if it finds that all of the following have been met:

(1) The vacation is consistent with the Comprehensive Plan and other adopted Town policies and plans, including any adopted transportation plan or streets/roadway plan;

The proposed vacation is consistent with the Town Council’s adopted goals and their decision and plans to expand and improve the Town Maintenance Facility at its current location to accommodate the Town’s current needs and anticipated growth.

(2) The land to be vacated is no longer necessary for the public use and convenience;

The area being vacated will include a new public sidewalk which will enhance the public’s convenience.

(3) The vacation of a roadway that exists by right of usage shall occur only if the land adjoining said roadways is left with an established public road or private access easement connecting said land with another established public road;

There are no affected property accesses as part of this vacation of ROW.

(4) The vacation will not leave any land-locked parcels; and

No land locked properties will be created.

(5) The vacation will not adversely impact the health, safety and/or welfare of the general community, or reduce the quality of public facilities or services provided to any parcel of land, including but not limited to police/fire protection, access, and utility service.

A utility easement will be retained along the current alley ROW alignment and width as utilities are currently installed within the 20-foot-wide portion of the ROW. This easement will be formalized and recorded on the final lot consolidation plat.

2.4.3.D.iii Vacation of right-of-way and other public easements Conditions of approval. The approval of a right-of-way or public easement vacation shall be conditioned upon:

(1) The holders of any and all easements granted by the original platting of the subdivision conveying to the petitioner all interest in those easements. None exist.

(2) Such vacation shall not eliminate rights-of-way or easements serving or potentially serving adjoining properties, unless alternate means of access or another easement crossing the property can serve adjoining properties. There are no Impacts to existing or future access to properties.

(3) If the vacation is a roadway constituting the boundary line of the Town, the Archuleta County Board of Commissioners has taken action to vacate the roadway. This provision does not apply.

Public Notifications:

Public Notification was published, posted, and mailed pursuant to LUDC section 2.3.6.

ATTACHMENTS:

Site Plan with vacation area _ PC meeting

Colored Site Plan with vacation area _ PC Meeting

Ord 928_Vacating portion of 5th Street for Town Shop

TOWN COUNCIL GOALS & OBJECTIVES:

Goal 1A: Build a new maintenance facility for public works, facility and parks maintenance.

RECOMMENDATIONS:

1. Motion to Approve a Recommendation for Town Council to Approve the Partial Vacation of S. 5th Street ROW and retaining the utility easements.

2. Motion to Approve a recommendation for Town Council to DENY the partial vacation of S. 5th Street.

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PLANNING COMMISSION V.C.

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Area of Partial ROW Vacation

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PLANNING COMMISSION V.C.

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TOWN OF PAGOSA SPRINGS, COLORADO

ORDINANCE NO. 928 (SERIES 2020)

AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS VACATING A PORTION OF SOUTH 5TH STREET

FOR THE TOWN MAINTENANCE FACILTY AND RETAINING PUBLIC UTILITY EASEMENTS, WITHIN THE TOWNSITE OF PAGOSA SPRINGS

WHEREAS, the Town of Pagosa Springs (“Town”) is a home rule municipality duly organized and existing under Article XX of the Colorado Constitution and the Pagosa Springs Home Rule Charter of 2003 as amended on April 3, 2012, April 23, 2013, April 22, 2014 and April 3, 2018 (the “Charter”); and (“Charter”); and   WHEREAS, pursuant to Sections 43-2-303(1)(a) and 43-2-303(2)(c), C.R.S., the Town may divest itself of all of its right, title or interest in and to any public roadway upon the vacation of such roadway by ordinance; and WHEREAS, on December 20, 2019, the Town’s Planning Department received an application requesting the vacation of the western 20 feet of South 5th Street adjacent to 703 South 5th Street, to accommodate the redevelopment of the Town Maintenance facility located at 703 S. 5th Street within the Town of Pagosa Springs; and WHEREAS, pursuant to Section 2.4.3.D.2.a(i) of the Land Use Development Code (“LUDC”), the Planning Commission held a public hearing on the Application on January 14, 2020 regarding the subject ROW vacation; and WHEREAS, the Town Council hereby finds that pursuant to Section 2.3.6 of the LUDC, all public notice requirements for the January 14, 2020 public hearing before the Town Planning Commission were met, as follows:

a. Public Notice was published in the Sun Newspaper, a newspaper of general circulation in the Town, on December 26, 2019, which was at least 15 days prior to the scheduled hearing.

b. Written notice was mailed to the record owners of land within 300 feet of subject

ROW vacation, and any other person who made a written request for such notice, on December 26, 2019, which was no less than 15 days prior to the public hearing.

c. On December 26, 2019, Public Notice was physically posted at the southern

entrance to the subject alley, in close proximity to the proposed right-of-way vacation.

d. Public notice was also posted at Town Hall on December 26, 2019; and

WHEREAS, on January 14, 2020, the Planning Commission “Approved a recommendation for Town Council to Approve the Public Right-of-Way Vacation of the western 20 feet of South 5th Street adjacent to the Town Shop facility located at 703 S. 5th Street; and

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PLANNING COMMISSION V.C.

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Town of Pagosa Springs Ordinance No. 928 (Series 2020) Page 2 WHEREAS, pursuant to Section 2.4.3.D.2.a(ii) of the LUDC, a public hearing before the Town Council on the Application was held on January 23, 2020 and February 4, 2020; and WHEREAS, the Town Council hereby finds that pursuant to Section 2.3.6 of the LUDC, all public notice requirements for the January 23, 2020 and February 4, 2020 Town Council public hearings before the Town Council, were met, as follows:

a. Public Notice was published in the Sun Newspaper, a newspaper of general circulation in the Town, on December 26, 2019, which was at least 15 days prior to the scheduled hearing.

b. Written notice was mailed to the record owners of land within 300 feet of subject

ROW vacation, and any other person who made a written request for such notice, on December 26, 2019, which was no less than 15 days prior to the public hearing.

c. On December 26, 2019, Public Notice was physically posted at the southern

entrance to the subject alley, in close proximity to the proposed right-of-way vacation.

d. Public notice was also posted at Town Hall on December 26, 2019; and

WHEREAS, the Town Council hereby finds that the criteria of Section 2.4.3.D.2.b(ii) of the Town’s Land Use Development Code for vacation of a right-of-way have been met, as follows:

a. The vacation is consistent with the Comprehensive Plan and other adopted Town policies and plans, including any adopted transportation plan or streets/roadway plan.

 b. The land to be vacated is no longer necessary for the public use and

convenience. c. The vacation of a roadway that exists by right of usage shall occur only if the

land adjoining said roadways is left with an established public road or private access easement connecting said land with another established public road.

d. The vacation will not leave any land-locked parcels.

e. The vacation will not adversely impact the health, safety and/or welfare of the

general community, or reduce the quality of public facilities or services provided to any parcel of land, including but not limited to police/fire protection, access, and utility service.

   WHEREAS, the Town wishes to formally and expressly vacate such roadway, and to retain the public utility easements within the ROW, within the corporate limits of the Town.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PAGOSA SPRINGS, COLORADO, as follows:  

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PLANNING COMMISSION V.C.

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Town of Pagosa Springs Ordinance No. 928 (Series 2020) Page 3 SECTION 1 – Incorporation of Recitals and Findings. The above Recitals and Findings of the Town Council are hereby incorporated into this Ordinance.  SECTION 2 – Vacation of Roadway and Retaining Public Utility Easements. Pursuant to Sections 43-2-303(1)(a) and 43-2-303(2)(c), C.R.S., the Town hereby divests itself of its public right-of-way (ROW) interest in the western 20 feet portion of South 5th Street adjacent to the Town Maintenance Facility located at 703 S. 5th Street, as shown and described on Exhibit A, and shall retain all existing public utility easements within the current ROW. SECTION 3 – Vesting of Title. In accordance with the provisions of Section 43-2-302, C.R.S., title to the lands included within the roadway hereby vacated shall vest in the owner of the abutting property or properties, subject to the same encumbrances, liens, limitations, restrictions, and estates as the land to which it accrues.  SECTION 4 - Recording. In accordance with the requirements of Section 43-2-303(2)(f), C.R.S., this ordinance vacating the roadway designated herein shall be recorded in the office of the Clerk and Recorder of Archuleta County.  SECTION 5 – Severability. If any portion of this Ordinance is found to be void or ineffective, it shall be deemed severed from this Ordinance and the remaining provisions shall remain valid and in full force and effect.  SECTION 6 – Effective Date. This ordinance shall become effective and in full force upon final passage at second reading.  

 

 

 

 

 

 

 

 

 

 

 

 

 

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PLANNING COMMISSION V.C.

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PLANNING COMMISSION V.C.

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Town of Pagosa Springs Ordinance No. 928 (Series 2020) Page 5

INTRODUCED, READ, AND ORDERED PUBLISHED PURSUANT TO SECTION 3.9, B) OF THE PAGOSA SPRINGS HOME RULE CHARTER, BY THE TOWN COUNCIL OF THE TOWN OF PAGOSA SPRINGS, COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSED AT ITS REGULAR MEETING HELD AT THE TOWN OF PAGOSA SPRINGS, ON THE ____ DAY OF ________________, 2020.

TOWN OF PAGOSA SPRINGS, COLORADO

By: Don Volger, Mayor

Attest: April Hessman, Town Clerk

FINALLY ADOPTED, PASSED, APPROVED, AND ORDERED PUBLISHED PURSUANT TO SECTION 3.9, D) OF THE PAGOSA SPRINGS HOME RULE CHARTER, BY THE TOWN COUNCIL OF THE TOWN OF PAGOSA SPRINGS, COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSED AT ITS REGULAR MEETING HELD AT THE TOWN OF PAGOSA SPRINGS, ON THE _____ DAY OF _____________, 2020.

TOWN OF PAGOSA SPRINGS, COLORADO

By: Don Volger, Mayor

Attest: April Hessman, Town Clerk  

 

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PLANNING COMMISSION V.C.

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Town of Pagosa Springs Ordinance No. 928 (Series 2020) Page 6

CERTIFICATE OF PUBLICATION

I, the duly elected, qualified and acting Town Clerk of the Town of Pagosa Springs, Colorado, do hereby certify the foregoing Ordinance No. 928 (Series 2020) was approved by the Town Council of the Town of Pagosa Springs on first reading at its regular meeting held on the ____ day of _____________, 2020, and was published by title only, along with a statement that the full text of the Ordinance, including any amendments, is available for public inspection at the office of the Town Clerk at Town Hall, on the Town’s official website, on ____________ ____, 2020, which date was at least ten (10) days prior to the date of Town Council consideration on second reading.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Town of Pagosa Springs, Colorado, this ___ day of _____________, 2020.

__________________________ April Hessman, Town Clerk (S E A L)

I, the duly elected, qualified and acting Town Clerk of the Town of Pagosa Springs, Colorado, do hereby certify the foregoing Ordinance No. 928 (Series 2020) was approved by the Town Council of the Town of Pagosa Springs on second reading, at its regular meeting held on the _____ day of ___________, 2020, and was published by title only, along with a statement indicating the effective date of the Ordinance and that the full text of the Ordinance is available at the office of the Town Clerk, on the Town’s official website, on ___________ ___, 2020.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Town of Pagosa Springs, Colorado, this ___ day of _______, 2020. __________________________ April Hessman, Town Clerk (S E A L)

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PLANNING COMMISSION V.C.

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AGENDA BRIEF

MEETING: Planning Commission - 14 Jan 2020

FROM: James Dickhoff, Planning Director

PROJECT: Front Setback Variance for 703 S. 5th Street

ACTION: Board of Adjustments consideration

PURPOSE/BACKGROUND:

Applicant: Town of Pagosa Springs

Property Location: 703 S. 5th Street

Current Zoning: Public/Quasi Public (PS)

This Item will Only be considered if a favorable determination is not determined by the Planning Commission regarding the requested Partial 5th Street ROW Vacation.

The Town has submitted an application for vacation of ROW to accommodate the Town Maintenance Facility’s Redevelopment and expansion at its current location.

If the full requested Partial Vacation of the 5th Street ROW is not favorably determined, Staff suggests that the Board of Adjustments discuss a front setback reduction for the project, and then table their determination of such until the their January 28th or February 11th Planning Commission meeting. This timeline will provide enough time for Town Council to consider the Planning Commission’s recommendation for the Partial ROW Vacation.

The PS zoning requires a 20-foot front setback, and staff has determined the front setback to be along S. 5th Street.

If the matter does come back to the Board of Adjustments for a setback variance consideration, Staff will provide a full staff analysis and brief for the BoA’s consideration at that time.

TOWN COUNCIL GOALS & OBJECTIVES:

Goal 1A: Build a new maintenance facility for public works, facility and parks maintenance.

RECOMMENDATIONS:

1. Motion to Table the consideration of the requested setback variance. 2. Motion to direct staff.

BOARD OF ADJUSTMENTS VI.A.

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AGENDA BRIEF

MEETING: Planning Commission - 14 Jan 2020

FROM: James Dickhoff, Planning Director

PROJECT: Planning Department Report

ACTION: Commission information

PURPOSE/BACKGROUND:

Historic Preservation Board

The next regular HPB meeting is on Wednesday, February 5, 2020 at 5 pm in Town Hall.

The HPB is currently coordinating additional public input on the potential repurposing of the Historic Water Works facility which will include the creation of sketch illustrations to help generate ideas and spur discussions. The project has been slightly delayed and the HPB hopes to have a summary to share with Town Council by the end the first quarter of 2020.

They have also been considering their work plan deliverables and setting priorities for 2020.

The HPB is preparing an outline for the Public Process regarding the Water Works facility for Town Council’s January 7th TC meeting. Staff has reached out to the Museum Board to see about a joint Museum Board and HPB meeting in January, to review future restoration projects and discuss the public process underway regarding the future public use of the water works facility.

Associate Planner

We will be re-advertising for the recently approved Associate Planner position added to the Planning Department, as the person previously hired is unable to accept the position.

River Center Neighborhood

The Planning Department conducted a neighborhood meeting in early October to start the conversation about master planning the east end of Town. We intend to conduct a follow up meeting and continue the conversation in an effort to start defining potential improvements sometime in 2020. Town staff has coordinated the purchase and installation of holiday decorations along the river center area, east of the First Street bridge. The Town is submitting CDOT multi-modal planning grant for master planning of this area on January 20th.

San Juan Watershed Enhancement Partnership (WEP) Update

The WEP is has applied for additional grant funding for pursuing a watershed analysis project intended to improve security for all water uses in the planning area by understanding and protecting existing uses and maintaining healthy riverine ecosystems in the face of increased future demand and climate uncertainty. The first phase of this effort will focus on addressing non-consumptive and consumptive use questions. This will require an assessment of ecological health and impairment that highlights areas where alterations in flow or floodplain structure may have the greatest impact. Understanding recreational use needs will require an inventory of existing use areas for whitewater boating and fishing, user flow preferences for a range of activities, and river access needs. We also understand that this planning effort will run parallel to a consumptive use needs assessment that engages the agricultural interests in the watershed. Strategic coordination with this parallel process will be critical for understating the location, frequency, and severity of consumptive use shortages that may provide opportunity or constrain future management options. The last community meeting was conducted on September 4, 2019 with 50 attendees present. This was a joint public meeting with Resilient Archuleta that hosted guest speaker Brent Newman of the Colorado Water Conservation Board who provided a wealth of information on the State Water Plan and water southwestern states compact obligations.

REPORTS AND COMMENTS VII.D.

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The Planning Director has been participating as a Town representative with the Upper San Juan Watershed Enhancement Partnership stakeholder workgroup since its beginning in early 2019.

Growing Water Smart

Though no new news to report about our local Growing Water Smart work group efforts, I wanted to share that we have received the State’s water policy guidance document which will be a valuable resource as we consider potential regulations to include in our Land Use Development Code revision.

I’d also like to share that since Pagosa Springs attended the very first Growing Water Smart workshop hosted by the Sonoran Institute, we have been invited to speak on our progress a number of times at events around the State.

Historic Preservation Survey Plan Grant

Town Council accepted the Historic Resource Survey Plan on August 6, 2019. The HPB is anticipated to recommend staff prepare a proposal to seek CLG funding for conducting the first neighborhood “historic resources survey” in 2020 within the Hermosa Street neighborhood, which was identified in the Plan as the top priority for such a survey. The CLG grant is a no match grant and the project is anticipated to be completely funded with grant funds. During a Hermosa Street neighborhood meeting the Planning Department conducted this summer, there was support from the 25-30 neighbors present, to pause a survey for the Hermosa Street neighborhood.

Trujillo Road Boater Take Out

Town staff and County staff have conducted vegetation clearing, grading and fencing improvements on the newly Town purchased Mesa Canyon boater access in preparation for next year’s boating season. Additional improvements will be considered depending on the availability of funds, including the improvement of a parking area on the west side of the road.

Opportunity Zone Prospectus

The Opportunity Zone prospectus has been complete for a couple months. Staff has spoken to and/or met with a number of interested parties about the area’s investment opportunities, with a few currently conducting their due diligence on a few prospects. Staff is working with Mary Jo Coulehan who has helped spearhead the opportunity zone prospectus effort to ensure the sharing of information and contacts for keeping interested parties engaged.

Also, we were just alerted that FORBES Magazine has finalized its Forbes OZ 20 list and Pagosa Springs, Montrose and Colorado Springs will be highlighted under the recognition the State of Colorado will be receiving in the Forbes OZ 20 list! This will really help to get the word out of potential OZ opportunities available in Pagosa Springs.

Mill Creek Road Construction

The Mountain Crossing Development contractor has completed the first asphalt lift and will re-mobilize in the spring of 2020 to complete curb/gutter and the second asphalt lift. The projects performance bond will be renewed to cover the completion of the project. We expect the developer to begin phase one improvement of their approved development in 2020.

Yamaguchi South FEMA LOMR Application Status

Final approval has been received and the new map will take effect in approximately January 2020. This effort has defined the floodways and floodplains south of the Apache Street bridge to the southern Town Boundary. We appreciate BWD’s contribution towards a portion of the FEMA application costs.

Phase 2 of the Rumbaugh Creek Bridge Restoration Project

Preliminary engineering is in the process of being reviewed. Once the final engineering is completed, the Town will advertise for the construction project to occur in 2020.

CDOT Projects

McCabe Creek Culvert:

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REPORTS AND COMMENTS VII.D.

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It appears that CDOT intends to advertise for construction bids in May 2020.

The project may start as early as August 2020.

Main Street Reconstruction Project:

This project was recently regionally prioritized by the TPR (Transportation Planning Region) Committee, however, the project will need to also be prioritized with the input from all three CDOT Region 5 TPR’s. Staff will report on that progress when more is known.

1st Street Hwy Bridge Resurfacing Project:

Hopefully prior to Memorial Day. A 30-day project with lane closures during construction actually operating periods.

Signal Replacements:

Signal replacements at Hot Springs Blvd, Lewis Street and Pinon Causeway are anticipate to occur prior to Memorial Day.

Developments in Process:

5th Street Cabins:

A 12-cabin lodging establishment proposed at 151 S. 5th Street received approval of their Sketch Major Design Review Application and approval of a setback variance. The applicant is also underway with an application for vacation of a portion of the San Juan Alley, which will be considered by Town Council on December 19th and January 7th.

LIHTC Housing Development:

Congratulations are in order for the Archuleta County Housing Authority who were successful in being awarded

their LIHTC status for their proposed 34-unit Housing development located at 450 Hot Springs Blvd. Their Major Design Review (MDR) Sketch application was considered on November 26th by the Design Review Board, who approved the project to move forward to Final MDR. The project intends to break ground in the spring of 2020.

Mountain Lakes Villas, 3500 EW. Hwy 160:

Proposed amendments to previously approved Residential Planned Unit Development. The developer has stated they are including 12 condo units that may fall within a workforce housing category, probably the Moderate 80%- 100% of AMI. Staff will continue

to work with the developer in reparation for brining a PUD amendment to Town Council for consideration. Once the Affordable Housing component is determined, it is anticipated that the developer will come forward with a request to revise their Planned Unit Development (PUD) Agreement to formalize the actual maximum density within the development and to better define the affordable unit components.

5Ten Apache Street Single Family Homes:

Formerly the proposed Apache Street Condos, Block 61, Lots 6-8 and 11-15, the property owner decided to pursue another development for the property, and instead subdivided their 10 lots into 20 half lots for the construction of 20 single family homes. The first two will be coming out of the ground very soon.

County Detention Facility, 125 Harman Park Drive:

The project is well underway with exterior walls currently being finished in preparation for the roof structure.

Ski and Bow Rack Exterior improvements, 354 E. Pagosa Street:

The property owners have been busy completing their exterior renovations, substantially improving the appearance of the business and structure.

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REPORTS AND COMMENTS VII.D.

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Pagosa Springs Climate Controlled Storage, 341 Harman Park Drive:

The project is still underway. It is expected a Temporary Certificate of Occupancy will be considered until exterior work can be completed in the spring of 2020.

Mountain Crossings and Mill Creek Road Improvements:

The Mountain Crossings contractor has completed the first asphalt lift (layer) on Mill Creek Road. Given the weather is no longer ideal for completing the project, Town Staff has worked with the contractor to remobilize in the spring to complete curb/gutter and the second asphalt lift. The developer has indicated they intend to submit final subdivision documents and begin the first phase of the development in 2020.

Alley House Restaurant located at 214 Pagosa Street:

The FINAL Major Design Review application for converting their outdoor patio area into indoor seating space was considered and approved by the Design Review Board on October 8, 2019. The applicant has started demolition of the existing exterior deck in preparation for the new construction.

Town Maintenance Facility, 703 S. 5th Street:

The Major Design Review SKETCH application was considered by the Design Review Board on September 24th and the FINAL review was considered on December 10, 2019. The Planning Commission APPROVED the Final Major Design Review application for the proposed Town Maintenance Facility redevelopment located at 703 S. 5th Street finding the development plan complies with all applicable development and design standards set forth in the Land Use Code, and is consistent with the Comprehensive Plan future land use map, contingent on the design team providing the following for the Planning Director's approval: 1. An exterior lighting and illumination plan 2. Exploration of treatment of 2 blank walls 3. And that the applicant seek a setback variance or ROW vacation to accommodate the proposed building setbacks.

Alpha Development:

Met with owner recently. They are completing the process of cleaning up an old property deed restriction, and then will begin engineering design work for developing the property. They have an experienced affordable housing developer on board that is considering a 72 multifamily development. The development will provide a Pinon Causeway intersection connection with an extension of Aspen Village Dive from Alpha Drive.

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REPORTS AND COMMENTS VII.D.

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