County considering possible administrative rezone for Cloman Park properties

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Archuleta County is considering a possible administrative rezone for properties located in Cloman Park that are near Steven’s Field Airport.

The matter was discussed on Tuesday, July 14, during a work session held by the Archuleta County Board of County Commissioners (BoCC), with Director of Development Eva Kruse briefing the board.

She explained that, according to the county’s regulations, in order for staff to perform an administrative rezone, direction from the BoCC needs to be received.

Kruse mentioned that there are three subject parcels for the possible rezone, located between the industrial park and the airport.

She explained that the subject came up a few months ago at the request of a developer.

“And in order to be consistent with the adjacent properties and sort of meet the request of the developer and his attorney, we’re looking at whether or not this is something we’d want to do as administratively as opposed to privately,” she said.

Kruse was also joined by Richard Mlynek, who stated he is the attorney for Ronnie Urbanczyk, who owns a triangle-shaped parcel in between the airport and current industrial park.

Mlynek noted that Urbanczyk also owns the adjacent rectangle-shaped property butting up against the airport, and that the county has a 10 percent ownership interest in that property.

Mlynek noted that there were plans drawn up in 2019 in regard to the development of those properties.

County Manager Longinos Gonzalez explained that the administrative rezone would not include any final decisions on any buildings, as that would be a separate process.

He noted that because the county has an ownership stake in one of the properties, that is why staff is asking about a possible administrative rezone.

Mlynek explained that they believe the original intent based planning surveys from 2019 on what the county wanted for the rectangle-shaped parcel is future airport expansion.

He explained that the land for the airport and industrial park is zoned as industrial, and that the intent for the purchase of that land is to expand the airport, possibly adding hangars, and keeping it as industrial use.

“So, the plan has always been for this parcel … to be industrial in the future,” Mlynek said, noting that Urbanczyk “wants to continue with the intent of the county.”

Commissioner Veronica Medina asked what the difference is between a regular rezoning process and an administrative rezoning process, and associated fees that would be waived.

Kruse explained that the administrative rezone process is similar to a regular rezone process, but that county staff “would be doing everything” instead of the property owner, and that the county would be taking on the associated costs, which she estimated ranging between $2,000 and $2,500.

She noted the county would be notifying adjacent property owners and putting out public hearing notice signs on the property.

Kruse added that staff would evaluate criteria and guidelines for the rezone, “like we typically would, but we’d also be incurring the cost.”

Medina stated that she was confused as to why the county would do that, clarifying that she is not against the rezone.

More questions were raised about the third subject parcel, where the Humane Society of Pagosa Springs sits, and if that parcel would also be included in the administrative rezone.

County Attorney Cathleen Giovannini explained that her understanding is the rezone would only apply to the two parcels, and not the parcel where the Humane Society sits.

Giovannini also provided background on how the county ended up with a 10 percent ownership interest in the rectangular-shaped parcel, explaining that Urbanczyk purchased the old county courthouse at 449 San Juan St., and part of that deal included the county receiving a 10 percent interest in the adjacent airport property.

Urbanczyk then spoke, explaining that a conditional use permit (CUP) was issued in 2021, recalling a meeting in which the BoCC voted on and approved the CUP.

Urbanczyk explained that they’ve already gone through this process and paid fees, but that he was confused as to how the CUP goes away once all conditions are met.

Giovannini explained that the CUP does not change the zoning of the property, adding the reason for bringing this up as a possible administrative rezone is because of the county’s ownership in the subject property.

Kruse noted that the CUP is for a propane business located on the far northwest portion of the triangle-shaped parcel, owned by Urbanczyk.

Urbanczyk also expressed that he wants to work with the county.

Medina noted that Urbanczyk had expressed that he would pay for the rezoning fees, and that if the process is the same whether it’s administrative or not, then she was unclear why the matter was brought to the BoCC.

Giovannini explained that there was a thought that the administrative rezone would make it a speedier process by avoiding going to the planning commission first.

Medina commented that if it could be done quicker, then it would make sense to do so, and that the area should be zoned as commercial or industrial and not agricultural ranging or agricultural estates.

“That is the only location that the county has an industrial park,” Medina said.

Mlynek commented that they are willing to go through whatever process is necessary to achieve a rezone and that the matter was brought up in the interest of transparency.

Commissioner John Ranson indicated that he agrees with Medina on the matter, noting he would “hate seeing the fees waived.”

Ranson also noted that it would be “nice to get this going,” in regard to the rezone process.

Commissioner Warren Brown indicated that the general consensus was for staff to continue administratively reviewing and making changes needed.

Giovannini expressed that the matter may be formalized at a future BoCC meeting.

“I think that is also appropriate,” Brown said.

Brown also indicated that the county would apply the administrative changes, and that Urbanczyk would pay the associated fees.

Ranson encouraged the county to simplify its process the best it can.

“I’ve watched over 25 years people be run out of here, and a lot of it is because we have to jump through so many silly hoops,” Ranson said, noting this matter dates back to 2019.

“Let’s just be friendly,” he added, mentioning the county should be inviting people to invest in the community. “I think we need to be business friendly.”

In a later interview, Kruse explained that all rezones, administrative or not, have to go through all public hearings and go before the planning commission before the BoCC.

Kruse noted that the Archuleta County Planning Commission will hear the matter during its meeting scheduled for 6 p.m. on Aug. 13 in the commissioners’ room at 398 Lewis St.

She also noted that the matter will then go before the BoCC during its regular meeting scheduled for Aug. 18 at 1:30 p.m.