On March 22, the Planning Commission held their regular meeting where they discussed the annexation and rezoning of the Upchurch property; the topic meeting with much citizen pushback. More than 16 concerned citizens spoke during the meeting. The Planning Commission ultimately voted to recommend that the Salida City Council approve the annexation of the parcel and made a motion to recommend that the City Council approve the rezoning of the annexed land to R-1 (Single-Unit Residential).
A March 16 Chaffee County Commissioner session regarding this proposed annexation also received significant objections from county residents concerned about the annexation as well as the project density so near rural neighborhoods.
Tory and Clee Upchurch proposed the annexation of the 5.32-acre property into the city, along with a stretch of County Road 140 south of the property. An earlier conceptual review meeting was held with Planning Commission and Council on January 4, 2021.
Following subsequent conversations with Chaffee County, per the existing intergovernmental agreement between the city and the county regarding annexations, the city requested that the applicant include in the annexation plat an additional portion of CR 140. That portion is not contiguous to the property, but would end at the western extent of CR 141.
According to the application, this approximately 180 additional feet of roadway would simplify the boundaries of maintenance responsibilities for both the City and the County. The revised plat, including 2.58 acres of CR 140 was submitted to the City on February 11, 2021. On March 2, Salida City Council approved resolution 2021-04 on first reading, declaring the Upchurch Annexation was in substantial compliance with city ordinances and state statutes and set a public hearing for April 20, 2021.
Proposed Upchurch annexation to Salida. Graphic courtesy Salida Planning Department
According to Community Development Director Bill Almquist’s presentation during the meeting, the land is currently included in the “Mixed Residential” land use designation on Chaffee County’s adopted Future Land Use Map.
This designation is defined in the County’s Comprehensive Plan as being “Areas desired for annexation adjacent to existing incorporated or unincorporated communities or along major transportation corridors where higher densities may be appropriate and near existing water and/or sanitation utilities. Envisioned to accommodate a mix of housing types and residential densities, affordable housing, institutional uses such as schools or public facilities, and appropriately-scaled commercial uses appropriate for walkable amenities.”
Also addressed in Almquist’s presentation is that the annexation property is within, and at the edge of, the Municipal Services Area (MSA) of the City of Salida, as defined in the City’s Comprehensive Plan and its intergovernmental agreement (IGA) with Chaffee County approved in 2010. According to the IGA, the MSA “encompasses properties which are eligible for annexation and extension of municipal utilities and infrastructure, within the parameters set forth in the Salida Municipal Code and Salida Comprehensive Plan, which may be amended from time to time.”
Almquist also stated that the annexation of the property will be accompanied by an agreement addressing multiple conditions including:
- Street improvements required within the development, as well as along portions of County Road 140
- Development restrictions on the west and north perimeters of the property
- Provision of an extension of Shepherd Road into the development to align with the existing platted Shepherd Road to the south
- Provision of a pedestrian connection to/from CR 141 to the north
- Water and Sewer line extensions
- Adequate Fire turnaround requirements and/or street connectivity as required by Public Works
- Other goals for the property, including the provision of affordable housing units.
During the Planning Commission meeting, concerned citizens who live around the area spoke to how this would negatively impact their neighborhoods and the community. The citizens who spoke unanimously agreed that this annexation would negatively impact the city. One of the main arguments was the fact that there was no annexation impact report. (Since the land is less than 10 acres, an impact report is not required unless the developer does it on their own). Whether or not Chaffee County might request it, even if it isn’t required, remains an open question.
Citizens also felt that the intergovernmental agreement, which was written in 2010, is out of date and needs to be redone. Though the citizen concerns were taken under advisement, the commission ultimately recommended that the Salida City Council approve the annexation of the parcel of land.
After a short break, the board reconvened to discuss and hear public comment on the application request for a zoning designation of Medium-Density Residential (R-2).
Eventually, the applicants say they want to subdivide the property and develop it with a variety of single-family, duplex, and multi-family units, as allowed by the zoning district. Though no formal proposal has been submitted, a couple of conceptual subdivision designs have been shared with the city at public meetings (on January 4, and March 2) as ideas for what could be planned for the property—each showing approximately 27 lots.
The applicants have indicated to staff interest in locating single-family homes along the northern and western perimeters of the site and locating duplexes and other multi-family types on the southern and eastern portions of the property—across from R-3 zoned properties on the other side of CR 140.
The applicants have also indicated an interest in potentially requesting a future rezoning of those southern and eastern lots to R-3 in order to accommodate multi-family and affordable/attainable housing. Such a “split-zoning” of the development site is not possible prior to an approved subdivision, because zoning must follow lot lines. Therefore, the applicants are requesting R-2 until a future subdivision is approved and the property is eligible for such a rezoning.
More than 16 concerned citizens spoke during the meeting, many speaking on behalf of neighbors, spouses, and additional family members. Many of the concerned citizens who spoke during the annexation portion of the meeting again shared their concerns about the zoning. The main concerns surrounded the sprawl they claim that this rezoning could create.
Aaron Huckstep was one of the first citizens to comment on the rezoning and said “I ask you all to consider recommending that the zoning be R-1 to begin with and if the applicant wants to change it in the future, let them ask.”
“I would just like to request that the zoning is set as low as possible. I would like the group to consider what was heard in the annexation meeting … I know it’s separate from this but it is on the back of it and I think it’s incredibly important,” said Tom Waters, who addressed similar issues. “What we heard is a pretty one-sided presentation as to why this should go through and that is a little unsettling for me. I think that with the city and the developer having most of the time to voice their concerns and their promises as to what’s going to happen, I think that it was represented unfairly.”
Clifford Whitehouse stated “I think this is the cancer that’s going to kill Salida … the second we have an annexation approved we’re talking about R-2, R-3? We’re inch by inch sliding toward medium-high density stretching from Salida to Poncha Springs and beyond.”
Typically, when a city adds new subdivisions, the higher density zones are further inside the city. What is being proposed would create more density on the outer edge of town. Traffic was another concern, as County Road 140 was not designed to have the amount of traffic that would be present if a high-density subdivision were to be built.
Citizens were also concerned about the potential for more light pollution. This area has a rural feel to it with many neighbors owning acreage and not being close to the houses beside them. With this, light pollution levels are low but adding more structures will increase the amount of light in the area.
To watch the full meeting, click here.
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