P&z Meeting - Regular Meeting

All right, we're ready. I'm going to go ahead and get this started. Welcome to the regularly scheduled meeting of the Monizuma County Planning and Zoning Commission. It's being held at the commissioner's meeting room in the county Monizuma Monosuma County Administrative offices 109 West Maine room 250 Cortez Colorado. We're gonna open with the pledge of allegiance and a moment of silence to the flag of the United States of America and to the republic for it stands one nation indivisible with liberty and justice for all. Okay. Can we have roll call?

Commissioner Hernandez here. Commissioner Nurgard here. Commissioner Lynch here. Okay. Also present are Don Haley and Jane Duncan from the county planning department. Absent Jason Armstrong and Mike Doyle. Okay. Please silence your or turn off your phones during this meeting. Important calls may be taken outside in the foyer there. Has the planning and zoning commission reviewed the April mini meeting minutes? Yes.

Yes. Okay. Okay, I'll entertain a motion. Mr. Chair, I move to approve planning and zoning minutes for April 9th of the uh PNZ meeting. I'll second. Okay, it's been motioned and seconded. Call for the vote. Commissioner Hernandez, I. Commissioner Neard, I. Commissioner Lynch,

I Okay, no further discussion. Motion carried was unanimous. The Monizuma County Planning Commission welcomes you to this meeting. This board is comprised of mo of members who are tasked to making recommendations to the board of county commissioners. We're not the decision makers. We encourage public comment after each permit. Persons speaking during the public comment will be limited to three minutes or depending on the number of people wishing to speak, it may be reduced at the discretion of the planning commission to allow all members of the public the opportunity to address their thoughts and concerns. When addressing the commission, please come to the podium and state your name and address for the record prior to providing your comments. Comments to individual applicants are not permitted. Participants may not yield their time to others. I will be voting tonight. Okay. Roll call. Commissioner Hernandez

here. Commissioner Negard here. Commissioner Lynch here.

Okay. Number one. Notice is hereby given that the Monizuma County Planning and Zoning Commission will hold a public hearing for review and determination of a proposed five lot moderate subdivision and reszoning application submitted by Corey Cavalere and Christopher Tar Thar on property located at 32560 Road P Manus Colorado consisting of 40 acres more or less located west of road 33 south of road P situated in section 1, township 36 north, range 15 west of the New Mexico Prime Meridian. This is a public hearing. Was a public notice published?

Yes, sir. Was evidence of letters to the adjoining neighbors and mineral owners submitted? Yes, sir. Was a sign posted? Yes, it was. Okay. Can we have the applicant come on down? Okay. Can we have the planning department findings?

Sure. Um the applicants proposed to create a five lot moderate subdivision uh by splitting their u 40 acre parcel into one 20 acre parcel with the existing manufactured home and four uh 5 acre parcels to the south um that are vacant that are currently vacant. Uh the surrounding properties consist of agricultural and residential uses. Um the area is predominantly smaller parcels within uh differing subdivisions. Um the property is currently accessed by a green sign county maintained road. Any new driveway is required to be permitted with the county road and bridge department. Um the lots will be accessed by a 60foot easement along the Westley uh property line. Um, Monza Water Company has a 3-inch main line on the south side of road P and um they currently provide water to the existing residents and they um have water available for um the existing the new proposed lots. Um the applicants have stated that uh they have homeowners insurance and a wire mitigation review was done by the insurance company and Wildfire Adaptive Partnership recommends that a fire mitigation plan uh would be needed due to um the existing uh fuel files fires that are on the uh east side of the property. But they have already got that um review with their insurance company. Um and basically that's it.

Okay. Anything you want to add to that? Yes.

Okay. You want to pull the microphone to you and turn it on? You'll have to hold that button down for a couple seconds until it turns orange. Can you hear me now? Real close. Can you hear me now? We hear you now. Celeste came out and she did a review of the property and she's putting the plan together. I have not received that yet, but um me neither. Yeah. Um I'm sure that she's still working on it and she'll get it to us as soon as possible. Okay. Yep. She did come out. Just so you know, just so just so you know. Celeste Moore is the uh representative adapted partnership that works with Mon County.

Okay. Okay. Commissioners, questions, comments? No, not really. We've got, you know, the easement for the driveways, water, and everything. So, I think we're good. Yeah. My questions were about the water and the fire plan, and those have been answered already. So, looks like they've answered those two questions, right? Um, and P is a green road, correct? Yes. Okay. And so the 60footer is going to be a red road, I'm assuming. Correct.

Okay. We have no issue with the water. Um, they're 5 acre lots, I see. Um, are they going to be stick builds or modulars or what are you planning on? We're going to leave that up. We're going to leave that up to whoever purchases them. Okay. But Empire Electric, just to make a note, they came out and moved the poles and they had a pole that they were putting kind of on our side and they moved it over to the property line so it's totally out of the way and would be available for whenever come, you know, if they want to come down that the the road that we put in. Okay.

H I guess that brings another question to me. They're going to do a homeowners association for the lots um so that anybody can help maintain the road going in about that. So, no, but our plan is because we have to bring electric to the corner of the fourth property. I think that's so everybody can access it. We're going to stub up on all four properties to make it more attractive so the road won't get torn up a, you know, a bunch of times. We're going to bring it in, build it, and have everything subbed up. So, okay.

Uh, everybody should be on their own peacefully. So, it'll be underground electric under Okay. Yeah. Or Yes.

Okay. Okay, we're going to open this up for public comment. Anyone wishing to speak for or against, please come to the podium, state your name and address. Okay, seeing none, we're going to close it. I'll bring it back to the commissioners. Um, I guess I'll make a motion uh to the county commissioners to approve uh the proposed five lot moderate subdivision and reszoning application submitted by uh Corey Cavalere and Christopher Thor based on the following. The proposed use is in conformity with the code. The proposed use shall not generate any significant adverse impacts on other properties in the area and public utilities and services are available or can be made available to support uses consistent with the proposed zoning. And

I don't have any conditions. I'll second the motion. Okay, we have a motion and a second. No further discussion. Then we'll call for the vote. Commissioner Hernandez. I. Commissioner Nurggard. I. Commissioner Lynch. Hi. Okay, motion carried. It was unanimous. Good luck. Thank you. I'll be in touch with you.

Okay. I have roll call on. Commissioner Hernandez here. Commissioner Nurgard here. Commissioner Lynch here.

Okay. Number two. Notice is hereby given that the Monizuma County Planning and Zoning Commission will hold a public hearing for the review and determination of a proposed 5.5 acre single lot development and resoning application submitted by Roger and Cindy Sutherland, agent Julie Sukla on property located at 12253 Road 23 Cortez, Colorado, consisting of four 40.67 67 acres, more or less, located north of Road M, west of road 23, situated in section 8, township 36 north, range 16 west of the New Mexico Prime Meridian. This is a public hearing. Was a public notice published?

Yes, sir. Was evidence of letters to the joining neighbors and mineral owners submitted? Yes, sir. Was the sign posted? Yes, it was. Okay. Can we have the applicants come on down? Okay. Planning department findings, please.

Uh, the applicants proposed to create a single lot development consisting of the ranch house and outuildings. Um the remaining 35 plus acres will continue to be used for agriculture. Um the surrounding properties consist of agriculture and residential uses. Um the driveway has been in existence um since 1935 when the residence was built. Uh the per the county road department, um if the Southerntherlands would like to officially get a driveway permit for the existing access, there would be no charge. Um they can contact Patty and she will assist them. Um that would be just uh solely for their record keeping. Um since the driveway is has been in existence for so long, they don't have record of that driveway and they like to have that on their database. Um, and they like they said they would not charge them for it. Um, Monizuma County uh I'm sorry, Monizuma Water Company has an 8 in main line on the east side of road 23 uh and currently provides water to the existing residents and has um water available for a 58 residential uh additional use. Um, and U wildfire adapted partnership recommends a waiver from a comprehensive wildfire mitigation plan. Uh because the U property is categorized as very low risk by the county and is agricultural with no fuel fires. Um and that's basically it.

Okay. You have anything to add to that, Julie? No, we're just We're just seeing this a lot older farms, you know, generations, they're getting old, they can't work anymore. Yeah. Try it again. Okay. Try it one more time. Okay. Nope. Still don't have it on. Testing. Testing. The little light's not going on. Is it the green should be going on?

Same thing. All right. Okay. There we go. It's pretty straightforward. They're just keeping their residents and they need to sell off the farm. They no longer keep up with the work on the family farm. Pretty common. We're seeing this all over the place. Yeah, I I get that. Um, commissioners discussion, questions. I have no I have none. Okay. I'm going to assume then that the remaining acreage um ultimately is going to be sold off. Yes. Okay. Then the new parcel is going to be I mean new driveway will be coming off of 23. Mhm.

Okay. Is that is that a pond that's right there? Yes. Okay. Okay. Okay. That's all I have. Um, we're going to open it up for public comment. Anyone wishing to speak for or against, please come to the podium. Okay. Seeing none, we'll close that part. Bring it back to the commissioners for a recommendation.

Mr. Chair, I recommend to the that u to the board of county commissioners to approve a proposed 5.5 acre single lot development and reszoning application submitted by Roger and Cindy Sutherland, agent Julie Suka based on the following. The proposed use is in conformity with the code. The proposed use shall not generate any significant adverse impacts on other property in the area and public utilities and services are available or can be made available to support uses consistent with the pro proposed zoning. I have no conditions. I'll second. Okay, we have a motion and a second. We have no further discussion. Call for the vote. Commissioner Hernandez. I. Commissioner Nurggard. Hi.

Commissioner Lynch. Hi. Okay. Motion carried and it was unanimous. Good luck. roll call done. Commissioner Hernandez here. Commissioner Negard here. Commissioner Lynch here.

Okay. Number three. Notice is hereby given that the Monizuma County Planning and Zoning Commission will hold a public hearing for review and determination of a proposed 10 acre single lot development and AR 10-34 reszoning application submitted by Gordon and Jana Khman. Agent Judith Swain on property located at 18779 Highway 145 Dolores, consisting of 320 acres more or less, located north of Highway 145, situated in section 7, Township 37 North, range 14 west of the New Mexico Prime Meridian. This is a public hearing. Was the public notice published?

Yes, sir. Was evidence of letters to the adjoining neighbors and mineral owners submitted? Yes. Was a sign posted? Yes, it was. Okay, we have the applicants come on down. Can't hear anything. When it's red, it's green.

Green is on. Green is on. Green is on. And you'll have to hold it close. Okay. I got green. Planning department findings, please. Jay, the applicants proposed to create a 10 acre single lot development.

The remaining uh 310 acres will not be a part of this project and will continue as is. Uh the surrounding properties consist of agricultural and residential uses along with uh US Forest Service lands to the north and the east. There are numerous subdivision parcels in the immediate area. Um the this proposed subdivision has a permitted access to the parent property um which is um at the residence that is on the property um that is located north of uh Highway 145. Um and this this information comes from S DOT. Um there is also a permitted access directly across Highway 145 on the south side for agricultural access. There are multiple non-permitted accesses to this property. Um three on the north side and two on the south side of Highway 145. The state highway access code requires the non-permitted access locations to be closed and completely removed from the state highway right ofway. The permit to the uh parent property will need to be updated with an additional um proposed land use. Uh per the state highway access code, no additional access will be granted for a subdivision of the property and the access to the parent. property will be the only access allowed on the north side of Highway 145. Um the uh property is serviced um by a personal well and the colum the Colorado Division of Water Resources uh states that the existing well permit allows up to three

single family uh homes and up to 1 acre lawn and garden. the new parcel can use this well as well as the Coleman's if there are no not three structures already tied to the well. Um and actually right now there is only um two residences that are attached to this well. So everything is fine. Okay. And that's basically it. Okay. Anything else to add to that? Uh no I don't think so. I think you've covered it quite well. Thank you, Jane. Okay. Okay. Planning commissioners, discussion, questions, comments?

I have none. And I also need to um uh state that the um proposed lot that is in the applications um is only for the three acres that are the flat part. And The revised uh map that Don will put up is for the uh total 10 acres that is required for the Doris River Valley. So this is the this is what we are approving. 10 acres the vertical. Okay.

The um land use code states that uh in the Dolores River Valley you have to have 10 acres and 30% of it has to be buildable space which is the flat part. The flat part. Sure. Okay. Okay. Then I want to understand the again the the C dot access to the new parcel cannot happen off of run 45. No, they have to use the existing um access to the existing home. Yes. Okay. So, there's going to be an easement then. There will have to be an easement granted to the second person. There's a survey underway at the moment

and we'll um we'll add that easement into the survey. Okay. As it's being completed. Okay, that takes care of my question. Will the 10acre lot be for sale or is that

Yes, the 10acre lot will be for sale. Okay. Okay. Okay, we're going to open this up for public comment. Anyone wish to speak before or against, please come to the podium. State your name and address for the record. You'll have to hold it down.

1877. Okay. I don't think it's on. No, the light's on. Can you hear me now? There it is. There you go. Do you need me to go through that again? No. Okay. Um, we're completely good with the 10acre um subdivision. Our only concern would to be ensure that the septic is appropriate to handle all the residences involved and that it's appropriate for the watershed in the river valley. Okay. Thank you. Thank you.

Anyone else? Okay, we're going to close this public comment, bring it back to the commissioners for questions. I am going to have two conditions to this. Okay. um one that the C dot access requirements um for the existing roads to be closed as requested and then the new owners the new owners of the 10acre lot be made aware of the Monizuma County Land Use Code. Okay. When when it sells if it sells. Okay. Okay. Commissioners, you'll entertain a motion.

Um I have one question. How are we going to um access the rest of this property? Are we going to go off of a county road or what? Since it'll go off It'll go off the um permitted access through um through the original Yeah. And then it'll go off There's an old road up there that used to be the I think it used to be the railroad. Okay. And the that road goes straight to the area that is in question. So it would be um an access from through the main and then across up to that road across the um behind the bared access.

Correct. Okay. Those two structures that are there, Don, um are they they meet the setback? doesn't just uh we'll have to survey. Uh the surveyor is double checking. Um if you can see this this one in the orange, right,

that one um predates the 2020 code revision. So it's a minimum 25 foot setback, but the surveyor will be verifying Yes, there is Michelle. Yes, there is. Okay.

Great. Okay. Great. Okay. Entertain a motion. Commissioners, go ahead. You can do it.

Mr. Chair, um I move to recommend to the board of county commissioners to approve a proposed 10acre single lot development and AR 10 to 34 resoning application submitted by Gordon and Janna Coleman, agent Judith Swain based on the following. The proposed use is in conformity with the code. The proposed use shall not generate any significant adverse impacts on other property in the area and public utilities and services are available or can be made available to support uses consistent with the proposed zoning. And with two conditions previously named C dot requirements are fulfilled and new owners are given the land use code

and then one more that the setbacks for that building um be confirmed with the survey. Okay. Right. Okay. We have a second. I'll second. Okay, we have a motion and a second. No further discussion, we'll call for the vote. Commissioner Hernandez, I. Commissioner Nurggard, I. Commissioner Lynch, I. Okay, motion carried. It was unanimous. Good luck. Good to go. Thank you. Thank you, guys. Okay, we have called

Commissioner Hernandez here. Commissioner Nurgard here. Commissioner Lynch here. Okay, that takes care of our applications. We have the additional discussions when we're ready. That's a parade. build a house once kind, right?

Thank you. You bet. See you. Gets along pretty good with that. Yeah. On his first day. Yeah. Okay, Don, you want to start this?

Yeah. So, uh, as you read there in the, uh, additional discussion information, um, that's kind of where things are at and nothing more has progressed. um from the county attorney with a draft or language or anything to be looked at or reviewed. So, um if you caught the workshop Monday, Commissioner Copernhaver, he he's leaning for basically helping with tipping fees at the landfield. um options for cleanup, you know, more or less lending a hand and just advising people as opposed to doing a hard stringent ordinance of big government. So, that's kind of kind of the direction they're they're looking at. Um,

of course, we got election coming up. Um, Is um Commissioner Lindsay feeling the same way? I think I think so. Okay. Okay. So, yeah, that will until we have draft language, we're not going to schedule a public hearing yet because we have nothing for anybody to look at it at this point. Um my suggestion is, you know, the big big question is does the public even want this addressed and ordinance and and being chased around. So,

well, being being they would end up spending, you know, county money. Um, is that a question that could be posed to or should it be posed to the public? Well, it'll it'll be part of the public hearing. Okay. Yeah. For everybody's input to speak up. Okay. Would have to be Okay, I'm okay with it. We need one more miss. One more miss. One more minute. One more miss and he'll be state champ. Where we at? Cuz he's got one le one less. I'm sorry. YouTube land. Is he the only one left? Oh, two two left there.

If this guy misses though, he's going to win because the guy missed once at 67. Anyway, so that's that's rubbish and blight. Um, so yeah. Um, like I say, until we have draft ordinance language um that, um, the commissioners, I guess, agree upon or or have a chance to look at, then we don't have any more information right now to uh to review or give any input on. So, is somebody going to keep an eye on see what happens this weekend, you know, as far as how many vehicles Oh, yeah. Well, I mean,

the land landfill is going to know. Okay. Well, yeah, I know they will, but I didn't know if any of the commissioners or anybody had anybody kind of paying attention. Yeah. Unfortunately, I got to miss it because I'm going racing. So, I got I got a trailer load, too. I'm like, what'll be interesting is how long the line gets. Yeah, that's going to be the I mean hopefully it'll you know hopefully it'll work. I mean it should there's going to be quite a few people people will take advantage of it. Yeah.

Yeah. Especially some of the places I've been in the last couple weeks and it's like oh my god I didn't know these places existed around here. I was looking for parts for my dad's car and it was like there's no standing and and watching these cars go by, Ted, and picking up parts. Well, I I used to do that at Bel. I used to go Saturday morning first thing. I'd sit in the right, excuse me, right where Loves is, you know, back when it was Eminem. And I'd wait for big cars to go by and I'd pull in behind them and buy them before they got the belt. That's a great place. belts. So, yeah. Well, if if you're into that stuff. Yeah. And unfortunately, I spend too much money at belts.

And I don't ever get any of it back. Even though I take I've taken probably a hundred cars to them, but you know, I'm always buying something. If I go there, I'll buy something. Okay. Make motion to adjurnn someone. Um, I'll make a motion to adjurnn. I'll second. Okay. Six. We have a motion and a second. All in favor? I I 7 42. Okay. Scroll up or down. Who won? Traded. He just said he had one last miss at 67. So

nobody down below one succeeded. Oh, no. No. Okay, he's it from Bayfield. All right. Bayfield guy gets second and Uh, probably the Pagosa guy third. Okay, cool. Six, seven.