So, when you hear it thunder, don’t run under a tree
There’ll be pennies from heaven for you and me…
— from the 1936 hit song, ‘Pennies from Heaven’ by John Burke & Arthur Johnston
It feels a bit odd, this morning, to be writing about land use issues in Pagosa Springs.
Much of the Colorado media is currently reporting on the apparently senseless murder of ten people at a supermarket in Boulder’s Table Mesa neighborhood; expressions of sorrow and anger from elected leaders; and yet another occasion for debate about America’s gun-owning culture. Stories about the suspect, now in custody, and the families of the victims.
A momentary distraction, perhaps, from the thousands of Coloradans who have died from COVID-19 over the past 12 months; a statewide increase in mental health issues; a reported 12% rise in violent crimes, including a 30% increase in the murder rate in Denver during 2020, a 39% increase in Colorado vehicle thefts last year; a state unemployment system dealing with 1 million potentially fraudulent claims; and people still fighting over mask-wearing regulations.
We will likely allow the big media outlets keep you informed about this latest tragedy.
The Pagosa Springs Planning Commission met last night to face a lengthy approvals agenda, acting as the Design Review Board. Typically, approval for the construction of a residential home within the town limits is handled by the (paid) Planning Department staff. Meanwhile, it’s typical for a large commercial development to come before the full (volunteer) Planning Commission, to run through a more lengthy two- or three-step process involving a ‘sketch plan’, a ‘preliminary plan’ and a ‘final plan’. The Planning Commission sometimes makes a final decision on large development projects; in other situations, the final decision is made by Town Council.
The meeting began at 4:30pm with a ‘work session’ during which some of the commissioners share their concerns with consultant Jen Gardner, who is assisting the Town with an update to the Land Use and Development Code (LUDC). The volunteer commissioners then began their regular meeting at 5:30pm. They didn’t finish until 10:20pm.
Development, in general, has been viewed by community leaders — business leaders, and government leaders — as an overwhelmingly positive phenomenon, not only here in Pagosa Springs but pretty much all across the country. The assumption, in general, is that each new commercial development will contribute in some way to the rain of pennies falling down from heaven.
But we know that developments are not always ‘completely positive’, so planning departments — like our own Town Planning Department — have composed up pages and pages of rules and regulations that define how developments can be built out… and how it cannot be built. As with any set of rules, we run into ‘gray areas’, and that’s where planning commissions typically come in. Their job is to prevent, as best they can, the negative effects of development… because there can be negative effects… sometimes.
The first development project considered by the Design Review Board last night — March 23 — concerned a plan to relocate the entry to the Riff Raff on the Rio restaurant, which faces Highway 160 at the east end of town.
The proposal is to relocate the existing public entry and expand the front of the existing building. The entry is currently located on the east side and will be relocated to the north side allowing for access from the parking lot via the River Walk trail. The expansion will be located on the south side of the existing building (regarded as the front) and will accommodate an indoor cooler and canning equipment. The expansion will be approximately 330 square feet. The proposed changes were unanimously approved last night.
The next project involved a townhome complex proposed for a vacant lot near the South 6th Street pedestrian bridge, overlooking the San Juan River and adjacent to the popular San Juan River Walk trail.
The applicant was proposing three townhome buildings, with a total of six dwelling units, each individually owned. As stated in the Planning Commission packet, “Riverwalk Townhomes will have a positive effect on the economy as it provides more housing opportunities to the Town.” (‘Riverwalk Townhomes’ are not to be confused with the ‘Pagosa Riverwalk’ condominiums located about half a mile to the south.)
Much of the discussion among the businessmen (and one businesswoman) who populate the Planning Commission concerned the fact that the existing River Walk trail would be relocated a few feet to the south as it passes the proposed townhomes — and more importantly, perhaps, that people walking on the River Walk would be compelled to look at the new development. Commissioners Jeff Posey and Peter Adams decided that the only way they could approve the project would be by requiring the property owner to spend their own money creating something vaguely “entertaining” adjacent to the River Walk, for the benefit of pedestrians passing on the River Walk. Apparently, Commissioner Posey had experienced some kind of entertaining public feature along on a trail in Durango, and wants Pagosans to be treated to a similar kind of enjoyment as they walk past the South 6th Street townhomes. (Walking beside a flowing river is not enough entertainment for the commissioners, apparently.)
I’ve spent some time becoming familiar with the Pagosa Springs Land Use and Development Code over the past 16 years, and as far as I can tell, the Town Planning Commission has no authorization to require private property owners to spend money entertaining passing pedestrians.
This is not the first time I’ve witnessed Commissioners Posey and Adams attempting to impose, on developers, fanciful requirements found nowhere in the LUDC. Remarkably enough — but maybe it’s not remarkable? — this attempt to impose unauthorized requirements by two commissioners was then unanimously approved by the rest of the commission. (Alternate member Mark Weiler did not vote in this instance; he was not allowed to vote.)
Next, the Design Review Board considered the Pagosa Domes development, also overlooking the San Juan River, near the junction of Highway 160 and Highway 84 at the east end of town. A 5.2‐acre vacant property is proposed to be developed to accommodate 12‐16 geodesic domes to be used for a lodging operation.
We will briefly discuss the problems with that development in the next installment.