P&z Meeting - Regular Meeting

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 Monizuma County Administrative Offices, 109 West Maine, room 250, Cortez, Colorado. We're going to open up with the pledge of allegiance and then a moment of silence.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Okay.

All right. We have roll call. Commissioner Hernandez here. Commissioner Armstrong here. Commissioner Nurggard here. Commissioner Doyle here.

Okay. Absent are Commissioner Saunders and Commissioner Lynch. Also present are Don Haley and Dne Duncan of the County Planning Department. Okay. Please silence your cell phones. Um if you need to take a phone call, you can take it out in the foyer there. Okay. Has the uh planning and zoning commission reviewed the October meeting minutes? Yes. And if we have, I'll entertain a motion.

Um I'll make a motion to approve the minutes. Okay, we have a motion. We have a second. Call for the vote. Commissioner Hedes, I. Commissioner Armstrong. Hi. Commissioner Nurggard. I. Commissioner Doyle. Hi.

Okay. The motion carried and it was unanimous. Okay. Okay. The Monizuma County Planning Commission welcomes you to this meeting. This board is comprised of members who are tasked to make recommendations to the board of county commissioners. We are 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 to the comm when addressing the commission, please come to the podium. State your name and address for the record prior to providing your comments. Comments to individual applicants are not permitted and participants may not yield their time to others. I will be voting tonight. Roll call, please. Don.

Commissioner Hernandez, here. Commissioner Armstrong, here. Commissioner Nurgard, here. Commissioner Doyle, here.

Okay. Number one. Notice is hereby given that the Monizuma County Planning and Zoning Commission will hold a public hearing for the purpose of reviewing and determining recommendations to be made to the board of county commissioners regarding a proposed subdivision amendment and reasonzoning application of the Nelson single lot development submitted by Ronnie and Ruth Stockwell on property located at 13106 Highway 491 Cortez. Colorado consisting of 11.72 acres more or less located east of Highway 491 north of Road N situated in section 4 township 36 north range 16 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, sir. Was a sign posted? Yes, sir. Okay. Can we have the applicants come on down?

The table right there. Table's fine. Yeah. Just make sure your speakers are turned on. Okay. Planning department findings.

Sure. Um, Mr. and Mrs. Stockwell um are proposing to divide their property into three lots for themselves and their children. Um their property is located in the Nelson single lot development and this proposal will uh result in a three lot moderate subdivision. Uh the surrounding properties consist of agricultural and residential uses along with light and heavy industrial uses in the immediate area. Um the driveway access is uh utilizes highway 491 and has been in existence uh since the placement of the residence in 1963. Um the applicants are currently working with Kenny Gagos at the C DOT uh for access permit due to the increased use. Um and we have uh had um confirmation from C do that they had their application. Um, water and uh, electric is already in because there's a house that's already on the property. Um, and basically that's it.

Okay. You have anything to add to that? Yeah. Okay. Okay. Commissioners, questions, concerns? Um, the only thing I see is the trailer, which obviously notation that it's going to be moved by the pond. Do what? The trailer. Uh, you're going to move it over by the pond? Yes. Okay. So, that won't The trailer will um where the trailer is now, a home will be put closer to the pond. Okay. Okay. So, your access is going to be off of 491 and that's for all three lots, correct? Yes.

Okay. So then there'll be easements for the 3.1 acres. The five well the 5.4 is probably going to be the holder of the easement and then the other 3.1 acres will have easements. Okay. And that's what's going to be improved with C dot. Yes. Okay. Yeah. And I've got something from um Kenneth that um he's already approved it but he's waiting for the check. I was talking to Jane about it. I sent it two weeks ago and he hasn't, for some reason, it's not there yet, but he sent me a note that said that it's everything is a goal. Okay.

I'm just waiting for the check to to get there. Okay. And the other lots are going to be sold? Yes. Well, yes. Yes, they are. They are going to be sold to our kids. To I'm sorry. to our children. Okay. Oh, your children. Okay. Okay. Or you if you want to buy them prices, right?

Commissioner Armstrong. So, there's a that's the May pipeline right to the north there through that. Yeah. Right there. That pipeline. Is there an access easement for that? Yes. Okay. Just checking.

Okay. Nothing else. We're going to open up for public comment. Anyone we wishing to speak for or against this application, please come to the podium. Okay. Seeing none, we'll close it. Bring it back to the commissioners. I just have one simple question. I see that this was originally filled out back in March. I was wondering why it took nine months before we're seeing here. Money. Well, we well we weren't really exactly sure how we were going to do it um until we talked to our daughter who our other daughter that just got here.

She's been up in northern Colorado. And so between um children we discussed. Um that's why it was so long. Thank you.

Okay, commissioners. I'll entertain a motion. Yeah. I'll make a motion uh to recommend to the board of county commissioners to approve a proposed subdivision amendment and reszoning application to the Nelson single lot development submitted by Ronnie and Ruth Stockwell 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 I don't have any conditions. I don't have a couple conditions.

Okay. Okay. The uh one of the conditions are that that the easement that is written is both for access and some kind of a maintenance agreement so that the three parties will all figure out how it's going to get maintained. Okay. Okay. Okay.

And then um the new owners which are going to be your siblings um um will uh children excuse me will um know that there's a land use code in the county Monzuma. Okay. Just they're notified of that. Okay. We have a second. I'll second. So, what is the land code? I guess I need to know. I'm sorry. Talking about the land code. The land use code that Well, that's what you're going through that the process. The process like I thought that there was something else to it. So, so you a copy of it.

Yeah. There's there's certain conditions, you know, like uh ride rightways and setbacks and things for the homes can't be so close to the property. So, I just wasn't sure there was something else that I didn't know. Yeah, just Yeah. Thank you. Okay. So, we have a motion and a second. We have a call for a vote. Commissioner Hernandez, I. Commissioner Armstrong, I. Commissioner Ngard, I. Commissioner Doyle. Hi. Okay. The motion carried was unanimous. Good luck. Thank you.

Okay. We have roll call. Commissioner Hernandez here. Commissioner Armstrong here. Commissioner Negard here. Commissioner Doyle

here. Okay. Number two, notice is hereby given. The Monizumo County and Planning and Zoning Commission will hold a public hearing for the purpose of reviewing and determining recommendations to be made to the board of county commissioners regarding a proposed 14.5 acre single lot development and resoning application submitted by GCU LLC. Agent Jasmine Joanne Good on property located at 10420 Highway 491, Cortez, Colorado, consisting of 67.22 acres more or less. located east of Highway 491, south of Road L, situated in section 22, Township 36 North, range 16 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, sir. Was the sign posted? Yes, sir. Okay. Can we have the applicants come on down?

All right, Jane. How about the planning department findings?

Sure. Um Joanne is proposing to create a single lot development consisting of 4.5 acres more or less for the purpose of selling to the inner mountain farmers association IFA to build a uh fertilizer storage plant and other outuildings. Uh the remaining uh 52.72 acres will not be part of the development and will remain agricultural and residential. Um, the property is lo located in an area that is surrounded by properties of mixed uses such as agricultural and residential along with commercial and industrial uses such as the Cortez City Industrial Park to the east, IFA, Cortez Electric and Monizuma Veterinary Clinic to the west, and Cortez Rifle and uh, Pistol Club to the southeast. It is also within the commercial industrial overlay zone being directly accessed from highway 491. Um the current access utilizes highway 491 and has been in existence since the placement of the uh agricultural business uh buildings in the mid n uh 1970s. The property is under the jurisdiction of seed dot. Um the applicant has uh as of yesterday uh gotten um the approved permit access uh from Ced. So that's already been uh dealt with. Um the water service is through the city of Cortez. Um city of Cortez says that the line um is more than adequate for the uses for this new property with a 3/4 inch line that currently on the property. Um, basically that's it.

Okay. You have anything else to add to that? Jane does a good job. Okay. Commissioners, discussions, comments. So, the the storage facility is going to be constructed, right? Oh, yeah. Okay. Yes. Do you know where on the property it's going to be at? Yes, there should be a site plan in there. Oh, okay. It'll be two structures. Yeah, there is. There should be two structures. One of them is going to be a roughly 80 by 160. Here we go. Oh, there we go.

The one closest to the highway is going to be roughly 80 by 160. That will be a warehouse and chemicals in. And then we will have a an office, a very small office there to operate out of with a little meeting room there as well. And then the uh the building behind that building will be the actual dry shed for fertilizer. Up above that other section will be a a third spot for liquid fertilizer containment. So that's where that will be. We we tried to put all those uh buildings as far as we could to the north to mitigate any any issues or any questions with the drainage there on the south. And that was where I was going with that because that is a flood plane

y on the Hartman draw there. Okay. Okay. And so the driveway the existing driveways that is um over by the first structure um that's going to be the access to everything. Yes. We actually got approved through seat up to Okay. And the the and the large lot the the remaining lot doesn't have access. Yes. Um so the next mile marker where those trees are right there. Okay.

So there'll be a new permit for that access. Okay. Great. Great. She already has that one as well. Okay. We're going to grant them an ement through the the south one. So, they will have a secondary secondary. Okay. Okay.

How much traffic are we expecting to be going in and out of this place? Not much. So, we uh we will have four to five employees there. We will expect maybe on average of two semis a week delivering product in there. Um so just those vehicles with those couple employees going back and forth delivering parts of fertilizer. So it's not like the general public's going to be in there much at all. Are they going to be blending fertilizer? Like if I'm going to fertilize my field, I'll go in and pick up a vehicle. They'll dump it into it and come out. Yeah. Well, the way it works mostly, yes. Most case scenarios, we have carts that we rent or we have our own spreading equipment. So, we will load it there and then we deliver it to the customer out of there. Oh, really?

So, so football spread. I'm not going to say never because there are some customers that maybe have their own spread rigs that they will come get it from us, but I would say over 90% of the time we're actually delivering the product to the customer. Okay. So, it's a little different than like I get my fertilizer basin down Durango. I go there, they've got the bin, they load it onto my truck and I take it away. You're not going to be you'll be sto of that. That's very small amount of our business. Majority of our business will be in our carts that we rent to people that we'll try and deliver right to their right. Okay, cool. But there is I'm not going to say there will never be, but how many carts would you be keeping there?

Oh, I should know. Right now we have around 10. I would imagine we would go up to 15. And then we have a spray truck and we have a tender truck too that Okay. We also have a spray rig. We have two spray rigs that we'll be in there as well. That's why we'll have the liquid fertilizer. We'll be doing wet fertilizer as well as dry liquid. And that containment will be to the very north end there. Anything else?

I'm assuming these buildings are going to be on concrete pads. They're going to have driveways, concrete driveways around them. We actually we had just had a geomat out of Farmington come and do a geo study on it last Friday.

Initial findings on that look great. But yeah, it'll all be engineered, you know, buildings engineered footings behind all and underneath all of them. And then I'm we'll do if you know, if there's requirements, we'll follow whatever requirements, but we are going to at least do a concrete apron around the buildings and then probably just gravel driveways up to the buildings. I know on the seed dot permit, we are obligated to go 40t of asphalt move in. So, we'll do that, but we're not going to go asphalt unless we're required to. We're not going to go as fall all the way up to building the um liquid housing building. Is that going to have a retention basin? That will be retention.

Yeah. So, what it is, it'll just be large tanks and then we'll have a retention more likely concrete, right?

And I've already worked with Empire Electric on the availability to bring in three power in Okay,

it works out great. Their driveway lines up directly across the street from our driveway. Okay. All right. Anything else? We're going to open this up for public comment. Anyone wishing to speak for or against this, please come to the podium. State your name and address for the record. My name is Fred Reinfeld. I have lot 12, I think it is, on your map and my only concern was

What is your physical address? 24654 Road L. Thank you. My concern is dust mitigation with big trucks coming in and out of there and any volatile airborne fertilizer. So I have all the safety data sheets here. Um happy to share with everybody. Okay. Well, he's going to he's addressing us right now. We'll get back to that. Okay. You addressed us. That's it. I'm I'm finished. Volatiles. Okay. And dust. Okay. Thank you.

Now you can address that. It's all right. Um, yeah. So any of the fertilizers we carry, you're not vulnerable. So your your typical fertilizer follows ammonium nitrate. That's what it may fall into. We don't carry that. So there's nothing that would be of any dangerous nature of the fertilizer. The majority of the fertilizers we're going to carry is ura 460 which is just nitrogen phosphate pod ash some sulfur some humate which is humic acid um all very safe and stable things is what we're we're looking okay and then the dust situation you said it's going to be gravel gravel yard okay that's minimal okay thank you

anyone else then we'll close it the public comment bring it back to the commissioners.

I'll entertain a motion. Um, I'll make a motion to the commissioners to re commend to approve a proposed 14.5 acre single lot development and resoning application submitted by GCU LLC agent uh J or Jine Joanne Goody 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 proposed zoning.

And I have no conditions. I'll second. Okay, we have a motion and a second. um condition just make that you said you were going to put an easement for the large parcel. Okay. That there is a legal easement that gets made for that if you guys choose to do that. I mean because that's all strictly up to you. Yeah. Because he's going to have his own road. Yeah.

Okay. Okay. Second Jason. Okay. We have a motion and a second. No further discussion. We'll call for the vote. Commissioner Hernandez. I. Commissioner Armstrong. Hi. Commissioner Nurggard. Hi. Commissioner Doyle. Hi. Okay. The motion carried. It was unanimous. Good luck. That's it.

Thank you. Okay. Number was that one.

Okay. Can we have roll call? Commissioner Hernandez here. Commissioner Armstrong here. Commissioner Nurgard here. Commissioner Doyle here.

Number three. Notice is hereby given. And the Monizuma County Planning and Zoning Commission will hold a public hearing for the purpose of reviewing and determining recommendations to be made to the board of county commissioners regarding a proposed subdivision amendment boundary adjustment and reszoning application of the Wallik minor subdivision submitted by Lewis and LC Wallik and Annie Wallik on properties located at 6206 6 highway 160 and 491 and road wait a minute and 6176 road 24 Cortez Colorado consisting of 4.04 04 and 35.91 acres more or less loca both located east of highway 160 and 491 south of road G situated in section 9 township 35 north range 16 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 joining neighbors and mineral owners submitted? Yes, sir. Was a sign posted? Yes, sir.

Okay. Can we have the applicants come on down? Okay. Planning department findings. Um all applicants are proposing an amendment to the walk minor subdivision to conduct a common lot line change. This is uh for distribution of assets from the estate of Lewis Walk senior. Uh this boundary line adjustment is required to go through the permitting process due to both properties uh involved are within the subdivision. Um the property is located in an area that is surrounded by properties of mixed uses such as agricultural and residential along with commercial industrial uses. Um the um one um property is accessed directly off of 491 or 160, I'm sorry, and as under the jurisdiction of Ced. The access for address uh 6176 road 24 is under the jurisdiction of the county road department. Uh neither address is seeking changes to their access at this time. Uh C do DOT did make comment that the proposed lot line change will not create any change in traffic volumes. Uh that being said uh they will not be required to um get a um an access permit from CDOT. Um uh the property both properties are already have uh in infrastructure with Empire Electric and their water is serviced with Monzuma County Water District number one and water is available for this property these properties. Um and basically that's it.

Do you have anything to add to that? That's pretty dry in a nutshell. Okay. Okay. Commissioners, comments, conditions, concerns? I don't understand what I'm seeing on this drawing here. So, their their um existing lot is 4 acres right here. Uhhuh. They would be adding this whole yellow boarded section to their property. and lot A would have this remaining. They're basically swapping

this piece from here over to here. It's kind of a weird configuration, but it is it's it's encompassing the uh the storage units. Um and then basically this a land These are residences on this propert. Yes. Yes. Two. The residence that is right there is our residence. Okay.

And then that other residence there. And then there's the mini storage facility which would be encompassed in the property that would become part of our lot and then the remaining portion of that would just obviously be smaller from the unimproved land that would be removed from it. Okay. So the 4.04 acres is really going to own the other mess, the other configuration. So So there there's there's an after

um the fact look at it. Here's the 4.4. 4.4 becomes 28. Is that all right? Yes. Roughly 28. And then there's 11 left that says bottom configuration. So what Commissioner Doyle was asking with that configuration, those symbols represent that that property is going to belong to this, right? This property is going to belong to that. Th Yeah,

those are tying the transferred property over to their four acres. Okay. I guess my only comment is to ensure that that new property line to the south of those storage units meets the setback requirements. Yeah. That it meets the minimum 30 foot setback here. Yeah. Here. It's that one. Yeah. That right there off of 24. Yes. that that is also more than 30 feet from the from the storage building to that property line as well. Okay.

Very well. So these are all predate the land use code. Um so obviously these these mobiles they're rentals that had been there with septic systems. Um I believe most of those septics have been updated. There's five on the property. So, they're all compliant. I mean, it is what it is. Mhm. So, the new residence which you said you occupy the little square. Yes. That will that will receive a new address. No, it's existing.

It's existing address. Everything in that residence will stay the way it is. just be the addition of that other property to it. Okay. And you know there's no plan of adding any other residence or or anything else. It's just separation of joint assets from state. So it was as it sits then their access in this picture there are two separate parcels. Right. Correct. According to that picture. Okay. Then that's and their access is off of the highway where hers will remain off of 24. Okay. All right. I'm good.

Yeah. It's just a weird configuration. Yes, it is. Question. Well, we thought this this from the surveyor might help, but it really doesn't because it's just more of the same without color. Yeah, the color picture is better. Yeah. Okay, we're going to open it up for public comment. Anyone wishing to speak for or against this, please come to the podium. Seeing none, we'll close it. Bring it back to the commissioners. At the risk of seeming dense when this is done, assumingly it's approved. Is there then a 4 acre and a 35.91 acre or what's No, because

what's the sizes of these properties? This will be 28 and this will be 11. Almost 12.

It's going to expand because it's going to cover all of that. Yes. This one will cover everything.

Okay. Get get it. Okay. Okay. I'll entertain a motion. Um, I'll make a motion to the commissioners or yeah to approve a proposed sub subdivision amendment boundary line adjustment and reszoning application of the Walcott minor subdivision submitted by Lewis and Elise Walk and Annie Walcott 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.

I'd be happy to second that. How do you pronounce your last name? Well, just like Okay, we have a motion and a second. If there's no further discussion, we'll call for the vote. Commissioner Hernandez. Hi. Commissioner Armstrong. Hi. Commissioner Nurggard. I. Commissioner Doyle. I. Okay. The motion carried. It was unanimous. Good luck. Thank you very much. Touch with you, Louis. Okay. Thank you. Okay. Took me a minute, too. That one took me a minute.

Yeah. Yeah. To look at that. Yeah. What is that? That's what those symbols mean. That that property is going to go. That was a little confusing. Yeah. Oh, yeah. I can definitely see. Maybe it was just me. Let's see. No, it wasn't just you. Okay, Don. Roll call. Commissioner Hernandez here. Commissioner Armstrong here. Commissioner Nurgard here. Commissioner Doyle here. Okay, that takes care of the main business. Now we have our additional comments, additional discussion. Additional info. Um, we do not have a December meeting scheduled. We don't have applicants. So, we don't have public notices in the paper. So, no December.

You have till January. That's a good Christmas present. And the minutes for tonight's meeting will be approved in January. January. Okay. Okay. The only other item before that, right? Pardon? You'll issue them before that? Yes, I will. Uh the other item to mention is that Tuesday morning the county commissioners will have their public hearing for alternate energy land use code changes, revisions or a new moratorum on solar farms. Okay.

We have not had any feedback on the preliminary information that was given to them at the workshop a month ago. So, I don't know what it's going to look like, which way it's going to go. Okay.

I just um I know that one of the commissioners when it was presented a month ago had a question about the other energy sources. Are we still being tasked with those other items in next? the way the way that um and basically the county attorney helped format this to be consistent with how the rest of our code is written because it's not super prescriptive. But he is looking at uh the best way is to add chapter 10. Um wherein if geothermal information comes out, standards more because everything goes through the state on on large utility scale energy programs, then that could be adopted and added in there. Um when

um nuclear Yeah. Yeah. Um just because the state feds and state are going to have the overall say on it and all the nuclear regulatory commissions power all of that and they know a lot more about it than we do. So you know there's not there's not a lot more restriction that we going to have in there now. Um, basically if something like a nuclear plant came up, would just have to deal with it and,

you know, do some research. I'd have to ask a lot of questions and they'd have to provide a lot of answers before we would ever even entertain it because what's the setback on that? Correct. Half mile or five miles or 100 miles. So, yeah. So, we're going to have that input. Okay. Yeah. if it went right. Okay. So, that's that's how it is now. I'm not sure which way the commissioners are looking or leaning. We'll find out. We'll find out Tuesday or that we will or it'll get sent back to you with homework, which I wouldn't be surprised. Right. Okay. And that's it. Nothing else?

That's all I got. Unless you guys got anything? No. Okay. Motion to adjurnn. Motion to adjurnn at 6:41. I did. Armstrong.

Game time.