On Sept. 26, the Archuleta County Planning Commission approved a minor subdivision plat review for a property located on County Road 200, north of downtown Pagosa Springs.
The landowner applied for a minor subdivision to divide the approximately 103-acre property into two parcels — one about 97 acres in size and the other about five acres in size.
Planning Manager Owen O’Dell explained that the parcel is currently zoned as agriculture ranching and that the county’s existing land use regulations require minor subdivisions to go through a sketch plan.
He also noted that the future land use map shows the area to be designated for very low-density residential development, allowing for two dwellings per lot.
The planning commission voted unanimously to recommend approval of the minor subdivision, which was then unanimously approved by the Archuleta County Board of County Commissioners (BoCC) on Oct. 15.
During the Sept. 26 meeting, O’Dell explained that the two parcels created from the minor subdivision would remain zoned as agricultural ranching, but that he anticipates the landowners pursuing a rezoning process in order to build “a few tiny homes and a few mobile home spaces for their employees,” on the smaller, five-acre parcel.
He mentioned that the tiny homes will be for full-time residents who work on the property and the mobile home spaces will be for recreational vehicles for seasonal employees.
“They’re trying to rezone to mobile home park, but that has to be heard at a public meeting at the county commissioner level,” O’Dell said.
He noted that “mobile home park” is the only zoning designation that would allow for multiple tiny homes and RV spaces to be developed on the property.
O’Dell also explained that the planning commission was not voting on the matter of approving a mobile home park zoning designation, but that the commission was only voting on a recommendation of approval for a minor subdivision plat, to be officially approved by the BoCC.
“The rezone is completely separate from this,” he said. “And, the reason they would do the rezone is to achieve that tiny home village designation, so without one they won’t get the other.”
He explained that if the rezone is not approved, the parcel would still be subdivided, but just left as agricultural ranching.
Planning commissioner Peter Beaudry expressed concern that the smaller parcel being created would be less than 35 acres in size.
“My problem here is that they are in, by the code, regulations, it can’t be under 35 acres,” Beaudry said.
Development Director Pamela Flowers explained that the current regulations do not require that an agricultural ranching estate be 35 acres and that it is allowed to be five acres in size.
“That’s not my reading,” Beaudry said.
“Every time we’ve done a minor subdivision, we have created different zoning on that land,” Flowers replied.
Beaudry mentioned he is concerned about a smaller parcel being surrounded by larger parcels, commenting that it “looks like we’re doing a little spot.”
“We’re creating a mobile home park right in the middle of a bunch of ag ranching,” Flowers said, explaining that the development would also be creating employer-provided workforce housing, “which is a good thing.”
Beaudry referred to it as spot-zoning, and “really against everything I learned in planning.”
O’Dell explained that the owners do not plan on offering a commercial lodging establishment, but that the desire is to provide housing for employees on the property, noting the owners have employees to train horses.
He also explained the owners’ plan to construct two tiny homes for their year-round employees and provide two to three RV spaces for seasonal employees.
Planning commission chair Matt Nobles asked if the landowners could pursue a variance from the BoCC to allow for more dwellings to be placed on the property rather than going through a minor subdivision and rezoning process.
“It just seems like the better way to go would be not doing the subdivision and try to do the variance,” Nobles said.
“That could’ve been an option I didn’t consider,” O’Dell replied.
Nobles expressed concern about the minor subdivision and rezoning process, mentioning that the property may be sold one day and used for something other than what the current landowners are proposing.
“One day it will be sold,” Nobles added.
Beaudry indicated that he would be more supportive of Nobles’ suggestion.
“I could go along with it,” he added.
Flowers indicated that anything other than a tiny home village would have to go through another rezoning process, even if the property is sold off.
O’Dell mentioned an example of a parcel in the Chromo area that is about seven acres in size.
He noted the property is improperly divided and is surrounded by properties 100 acres or larger, and that the planning staff did not recommend approval of subdividing the seven-acre lot because it would not be consistent with other properties in the area.
“County Road 200 on the other hand … has numerous areas, all around, that has five acres, six acres, four acres — that were all subdivided appropriately,” O’Dell said.
He mentioned that staff took those concerns in consideration when reviewing the minor subdivision application.
“That’s why I felt comfortable recommending approval on this to the commission here,” he added.
Multiple public comments were given on the matter, with one resident explaining that they bought their property in the area because of the “pristine nature” and the “openness.”
The resident acknowledged that there are other properties in the area that are around five acres in size and have been subdivided for various reasons, but expressed concern about an “ugly little” mobile home park in the middle of a scenic area, suggesting the commission put a condition in that dictates the landowners cannot sell the parcels separately.
Nobles explained that the planning commission can’t control the selling of properties, “but yes … what you stated is definitely concerning.”
O’Dell chimed in explaining that the rezoning for a mobile home park to be permitted is completely separate from what the planning commission was voting on that day.
Flowers commented that she has heard previous planning commissioners say, “I hated the project, but I had to vote yes because it met the standards,” explaining that the board has to approve whatever falls within the county’s standards and that they cannot vote against something simply because they do not like it.
“Our recommendation is not swayed by opinion, it is swayed by what is in black and white in the regulations,” O’Dell said.
Planning commissioner David Pribble motioned to recommend approval of the minor subdivision final plat, which was unanimously approved by the commission.
The BoCC unanimously approved the minor subdivision during a regular meeting held on Oct. 15.
Our Community Eats conditional use permit
During the Sept. 26 meeting, the planning commission also unanimously approved a conditional use permit (CUP) for Our Community Eats (OCE) to operate a food distribution center.
OCE is a local nonprofit organization that recently relocated to the former Tennyson Building Event Center located at 197 Navajo Trail Drive, and in doing so were required to apply for a CUP through the county in order to continue operating.
“A new investor has allowed them to purchase the property,” O’Dell said, adding that the land use regulations allows for the use under a CUP.
O’Dell explained that staff’s recommendation to approve the CUP included conditions such as parking area paving requirements, and having a grading and drainage study on the property performed.
He noted that the county’s paving requirements require a minimum of 10 percent of the parking area to be landscaped, with one tree island per every five spaces.
OCE President Kathrine Solbert commented that the organization is 100 percent volunteer run and the pantry is open for eight hours a week.
She stated that she was unsure of how the organization would be able to pay for the paving of the parking lot and a drainage study.
Flowers explained to the commission the commission would need to approve the CUP with the conditions, but that OCE could pursue an adjustment through the BoCC in order to not be required to do any paving or a drainage study.
Solbert explained that the paving standards would limit the organization’s ability to receive food donations, mentioning that large trucks need to be able to access the parking lot.
Solbert also inquired about if a drainage study had ever been performed on the property.
The commission and Flowers noted that there is no record of a drainage study ever being performed on the property.
Beaudry asked if every commercial business has to go through this process, to which O’Dell replied that they do.
O’Dell explained there have been multiple proposals in the area that had to meet the same requirements.
The board then unanimously approved the CUP, as Flowers explained that OCE would likely receive approval of a variance from the BoCC, allowing the food pantry to operate without having to fulfill the conditions put forward by the Planning Department.
clayton@pagosasun.com
