P&z Meeting - Regular Meeting

Okay, we're going to start this. Welcome to the regularly scheduled meeting of the Monizuma County Planning and Zoning Commission. It's being held in the commissioner's meeting room in the Monizuma County Administrative offices, 109 West Maine, room 2550, Cortez, Colorado. We're going to open with pledge of allegiance and a moment of silence. 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, can we have roll call on?

Commissioner Hernandez here. Commissioner Armstrong here. Commissioner Lynch here. Commissioner Doyle here. Also, President Don Haley and Jane Duncan of the county planning department. Absent to Nergard and Haley Saunders. Please silence your cell phones during our meeting. Important calls can be taken outside in the foyer. Has the planning and zoning commission reviewed both the July regular and special meeting minutes? Yes.

Okay. And I'll entertain a motion. I'll make a motion to approve the planning and zoning meeting minutes for July 10th regular P&Z meeting and the July 24th special meeting. I'll second. Okay, we have a motion and a second. Call for the vote. Commissioner Hernandez, I. Commissioner Armstrong, I. Commissioner Lynch, I.

Commissioner Doyleain. Okay. Motion carried. It was uh three to an ab an abstension. Okay. A 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 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 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. Participants may not yield their time to others. I will be voting tonight. Roll call.

Commissioner Hernandez here. Commissioner Armstrong here. Commissioner Lynch here. Commissioner Doyle here.

Okay. Number one. Notice is hereby given. 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 count to the board of county commissioners regarding a proposed subdivision amendment application to lots four and five of the Hartman Heights subdivision. First amendment submitted by Mark Hedges Trust and our trust agent Julie Sukla on properties located at 9595 and to be determined road 24.3 Cortez, Colorado consisting of 5.56 acres and 5.71 acres more or less. Both located south of Road K3 east of Highway 491. both situated in section 27, 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 applicant come on down? Thank you. Okay. Can we have planning department findings, please?

Sure. Uh, both properties are located in the Hartman Heights subdivision, first amended. Uh, both property owners are in agreement to do a common lot line change in order to uh protect the privacy and view corridors for each property. Um the surrounding properties consist of agricultural and residential uses. Um the properties are accessed directly from road 24.3 which is a red signed non-county maintained uh subdivision road. Uh no driveway permit is required. However, if the landowner has questions regarding construction materials, etc., they can contact the county road department. Um the infrastructures are all in um to the property line electric and water. Uh Monizuma Water Company has said they have a 4 inch main line on the east side of road 24.3. Um and they currently provide water to both properties um with a 5/8 inch residential service. Um, let's see. Um, that's about it. Okay. Commissioners, questions, answers, questions, comments. Yeah. Okay. I only have one. Um, the 25 foot from the culde-sac, that's going to be adequate for your driveway. So the surveyor is actually expanding that. So it will be an additional 25

50 ft. So that's going to change the lot line then the proposed lot the proposed lot line. Okay. It's going to bring it further to the south and west. Okay. It was still doable the way it was proposed, but because of the terrain, it would be nicer to have it a little further south so it doesn't have to be as much. Okay. But is the um is the back corner going to stay the same then on the proposed lot line and it's just going to shift over to the south and west or is the whole line going to be adjusted?

No, just the entry. Okay. Just so so so where you see that little bush right next to the hand straight to the east of where the hand was by can't find the little finger. Huh? Stupid thing. Anyways, where you see that arc? It will just be a little wider. Well, yeah. So, the so the lot line is going to have to be adjusted. I'm just looking for the the pivot point,

the bush. Okay. So, we're going to have a break in the light line. It's not going to be straight. It's going to be a break. Correct. Okay. That's what I was after.

Right there. Exactly. Okay. I see. Okay, put it here instead. 50 foot. You say it's going to be 50 foot or close to 50 ft. Okay.

Is that right? I think so. Yes. Okay. Commissioner, any other comments? Nothing. Okay. We're going to open it up for public comment. Anyone wishing to speak for against this, please come to the podium. State your name and address for the record. Okay. Seeing none, we're going to close it. Bring it back to the commissioners for a recommendation.

Before you make a recommendation, I have a comment. Um, I have I have no issues whatsoever with what you want to do. I'm fully supportive of what you want to do. Uh, but I do have a concern with um uh this being brought before the PNZ commission instead of the board of county commissioners. Per 9103.4 9103.5 in the land use code, it says any uh change of use more than 10% would go before the BOCC. So, uh, my vote does not, um, uh, indicate my problem with your project at all, but, um, I do have a concern with with the process that we've got.

So, again, this is a subdivision amendment. It strictly goes to PNZ to amend the subdivision and then it would go to the county commissioner. The only way you can amend a subdivision is by following statute and going through the process.

Well, um just uh we're all volunteers. We don't have access to an attorney. So, I go off of what I read and how I understand what I read. I could be wrong. That's definitely possible. It's been It happens a lot. But um my current understanding is that um it's not part of the proper process. So, but this is just strictly a boundary adjustment on the subdivision. Correct, Don? That's all. Correct. It's a common lot line adjustment. Okay. But it amends those two lots of the subdivision. Right.

Right. And with our change in 2020, now only these two lot owners have to sign. Previously, the whole subdivision had to sign. And the CCNRs do not require that of of the subdivision of the original subdivision that any splits or adjustments to property lines be um approved by the rest of the property owners. Correct. It does not. Okay. because it does not affect anybody else. Only these two owners. Okay. Otherwise, there's a lot of people that just would stop everything. Right. Right. Well, I've run in I've run into that. Oh, I'm sure at Summit Lake. Yeah. Okay.

That was one of the reasons we uh revised that in 2020. Okay. Cuz it it's definitely a problem.

Okay. Your comments noted, Mike. Okay. Um looking for a um motion then? I'll make a motion to recommend to the Boyd County Commissioners to approve of a proposed subdivision amendment application to lots four and five of the Hartman Heights subdivision first amendment submitted by Mark Hedges Trust and our trust agent Julie Sucla based on the following. The proposed use is in conformity with 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.

Second condition that the line is modified at the entry point from 25 ft to 50 ft. Okay. Okay. The call for a vote a vote. Oh, commissioner Hernandez. Hi, Commissioner Armstrong. Hi,

Commissioner Lynch. Nay, Commissioner Doyle. Hi. Okay, the motion carried. It was uh 3 to one. Good luck. I'll be in touch with the deal. Appcate.

Okay. Roll call. Commissioner Hernandez here. Commissioner Armstrong here. Commissioner Lynch here. Commissioner Doyle here.

Okay. Number two. Notice is hereby given. and the Monizuma County Planning and Zoning Commission will hold a public hearing for the purposes of reviewing and determining recommendations to be made to the board of county commissioners regarding proposed subdivision amendment and reszoning application to lot one of the Ant Holtz two lot minor subdivision submitted by Kyle and Ricky Cruz on property located at 2756 67 Road M, Dolores, Colorado, consisting of 17.31 acres, more or less, located north of Road M, east of Highway 145, situated section 7, Township 36 North, range 15 west of the New Mexico Prime Meridian. This is a public hearing. Was the public notice published?

Yes, sir. Was evidence of letters to their adjoining neighbors and mineral owners submitted? Yes, sir. Was a sign posted? Yes, sir. Okay. And she's already here. Great. Okay. Planning department findings.

Sure. Um Kyle and Ricky are proposing to amend the Anthos two lot minor subdivision um resulting in a three lot minor. Uh they're just adding one more lot to the property. Um the surrounding properties consist of agricultural and residential uses along with res with um commercial and industrial uses. There are numerous subdivision lots in the area. Um the um current driveway access utilizes road M and has been in existence since the placement of the residence in 1986. Um she has also Ricky and uh Kyle have also um just gotten two new driveway permits um authorized by the road bridge department. So they already have the accesses for um the necessary lots. Um, C do DOT uh has commented that road M uh also already has turn lanes and this proposal will not generate any extra u increase on the the road itself. Um Monzuma Water Company said that they have a 3-inch main line on the north side of road M. Um and they currently provide water to the uh above address which has a house on it already. Uh and they do have u available water for them. Um other than that everything is okay.

Okay. Anything to add to that? Okay. Commissioners, I have a question. I I didn't quite understand it. It looks like there's three lots, but I only see two. Is the third lot to the right of the five acres? Yes. Can we get you to speak closer to the microphone? Oh, you'll need to turn it on. Turn it on. There we go. Thank you. Um, where you're pointing right there is an existing 3acre lot. Okay. It's already been subdivided. Okay, great. Thank you. irrigation.

So that's where the third lot is. Where the hand is on the screen. Yeah. Yeah. That third that hand flying around. That's three acres. Right now it's a two lot. Um it consists of the bigger lot and that smaller lot. Um Ricky and Kyle are just u going to split off five acres from the bigger lot. The smaller lot is not part of this right now. So added property. I It says 17 acres. You got 5 + 12 17. And then how much more is this? Additional acid.

No, that's that's the second lot right now because it's only a two lot moderate right now. I mean two lot minor. It's a three 3 point something acre lot. Lot two 17 acres and lot one is three acres. I got you. It's an existing lot. Yeah. And you own all these? Yes. Anything else? Um, that's an This is an irrigation. That's a It's a pipeline, correct? Yes, James. It's a Cortez pipeline. Yeah.

Has they have they been notified of this? Because obviously you're going to have to have an access road. Yeah. Cortez has not uh said anything to you. Okay. Well, rather than Okay. Rather than, you know, get behind the gun, um, that that'll be a condition um that they're they're going to sign off on that because you are crossing a public utility. Yeah. Yeah. Yeah. We've already notified them and they came and marked a line for us and there's an existing easement on the two lot subdivision for it. Mhm. But you're going to actually have to have a road crossing them, right?

So, yeah, a consent agreement or whatever that they determine. Okay. That's going to have to be part of this cuz this is this is what we call a flag lot because it looks just like a flag. Yeah. Anything else? I'm just curious. Is that a stream that runs down through the property? The and the starting at where it says subject. Yes. The runs down. That's a drainage, right? That's just Yeah, the blue line's a is the the blue line's a pipeline. I'm just wondering, is there an active stream there? Is that an irrigation stream? Yes. Feeding other lots?

Um, it's runoff water. Um, so it's not like from MBI. It's just like it's a just runoff water from all the surrounding fields that people I believe have adjudicated water out of, but there's no um water coming out of that creek for this property.

Okay.

Anything else? I just have a comment. Um just when you uh finally when you draw that final uh property boundary on that five acres, just make sure you're maintaining the setback required for that structure that's there. So for the Yeah, that guy right there. Yeah. Just make sure that the property line What about this one over here? When they survey the property line, make sure there's a minimum of 30 feet from the building to that new property line. Oh, for the the building the garage. Is that what you're talking about? Right to the right of the pointer right there. Yep. Okay, that's right. Yeah. Yeah, there's just a comment.

Oh, the other one's already The other one looks like it's there, but

that's all I got. Okay, if nothing else, we're going to open it up for public comment. Anybody wishing to speak for or against, please come to the podium, state your name and address for the record. Seeing then, we'll close it, bring it back to the commissioners. [Music] So, um, this, uh, qualifies for a municipal review by Cortez. Jane, did you say they did not provide any?

I have not heard from Cortez. No.

Okay. And the only other thing is uh, on page one of the application, it looks like there's a mistake in the form. It refers to a land use code that is no longer um applicable. It's got the old date there and so um that should be changed to the new date. It's under the it has the 2020 copy. That's why Anything else? Anybody? Okay. Entertain a motion.

Mr. Chair, I recommend to the board of county commissioners. I may I move that we recommend to the board of county commissioners to approve uh proposed subdivision amendment and resoning application to lot one of the um enults 2 lot minor subdivision submitted by Kyle and Ricky Kruzanne 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.

Okay. And as I understand the conditions will will be that the east property line of the flag lot make sure we have the 35 clearance to the building that's on the 5acre parcel and then the consent or agreement or some form of approval to cross that pipeline with your new access road. Those are the two conditions. Okay. Do we have a second? I'll second with those conditions. Okay. We have a motion and a second. We'll call no further discussion. We'll call for the vote. Commissioner Hernandez. I. Commissioner Armstrong. Hi. Commissioner Lynch. Hi. Commissioner Doyle. Hi.

Okay. Motion carried. It was unanimous. Congratulations. Good luck. We'll get in touch with you. Okay.

Okay. Roll call done. Commissioner Hernandez here. Commissioner Armstrong here. Commissioner Lynch here. Commissioner Doyle here.

Okay. Number three has been pulled. So, we are going to move directly on to number four. Okay. A notice is hereby given that the Monizuma County Planning and Zoning Commission will hold a public hearing for the purposes of reviewing and determining recommendations to be made to the board of county commissioners regarding a proposed subdivision amendment application for a common lot line change to lots 2A east, 2A west, and 2B east and 2B west of the Rolling Hills Estates. subdivision submitted by 842 Holding LLC, agents Sha and Cassie Rooks, on property located at 28255 Road H6, Cortez, Colorado, consisting of 40.70 acres, more or less, a proposed subdivision amendment application for a common lot line change to lots 4B and 4 A of the Rolling Hills Estate Subdivision submitted by the Hurst Revokable Trust on property located 28250 Road H.6 Cortez, Colorado, consisting of 10 acres more or less and Sean and Cassie Rooks on property located 28260 Road H.6 6, Cortez, Colorado, consisting of 31.11 acres, more or less, and a subdivision amendment application for subdividing lot 4A of the Rolling Hills Estate subdivision into three lots submitted by Shan and Cassie Rooks on

property located at 28260 Road H6, Cortez, Colorado, consisting of 31.11 acres, more or less, all located north of Road H, east of Road 27 in section 32, Township 36 North, range 15 West at the New Mexico Prime Meridian. That was a mouthful. Okay, 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. And we have the applicant here. Great. Property department findings. This should take a while.

The applicants are proposing to subdivide lot 4A of the Rolling Hills Estate subdivision into two 9.13 more or less ac uh acre parcels and one 12.15 more or less a acre parcel. Uh the property located at 28250 Road 8.6 is landlocked and would prefer to own their own accesses. Uh the current access easement is located at 2826 Road H owned by Shaun and Cassie Brooks and due to the legal requirements the current access was sold to uh tract 1B. So, a new access is required for track 2A east and track 2A west and track 2B east and west.

Um, the surrounding properties consist of residential and agricultural uses. There are numerous subdivision lots in the media area. Um the uh properties are uh at the end of a culsack where the green signed road ends and the red signed road begins. No driveway permit is required for red sign non county maintained subdivision roads. Uh C do uh did indicate that they are okay with this uh project. um infrastructure is already in um Empire Electric has um stated that they already provide uh service to those locations. The Western Area Power Association, WAPA, has stated 842 Holdings LLC has an access road easement on the northeast corner of the parcel. WAPA needs the land owner to know this road is crucial for their access to their high voltage transmission line and cannot be blocked or built on. Um, Monizuma Water Company has stated there is a 2-in main line on the northeast side of the driveway at 28260 um and currently provides water to that address and um has water available for two additional residential services. Um and um wildlife wildfire adaptive um partnership has stated that um they did a site visit and after visiting the property has decided that they do not need a wildfire mitigation plan um due to them already doing their zones personally. And that's it.

And where's one on this picture? One is right there to the with the house on it. So track tra track tra track tra track tra track tra track tra track tra track tra track tra track tra track tract one is over here to the west and it's it's the same thing. It's 1 A west 1 B west 2 B west or one B west and one B east west. So track one is out of the picture. Okay. But this is all the same subdivision. Okay. Okay. Addressing these one at a time then. Does commissioners have questions regarding on this one?

Yeah. This this one conveys real property from the north lots to road H6. And this is for access through So you can have an access from from 2B west to 2A west. Correct. here and off of road 6 H.6. Correct. Correct. Okay. Now, H.6 does not continue all the way through the subdivision. Correct. And so, the red line that's on there is a red. It stops. Okay. So, it's the picture. Okay. Can we speak closer? There you go. Thank you.

Okay. The acreage to the east is 160 acre parcel that I also own, not a part of the subdivision. And so I need to I'm going to red road H6 through to give myself access to the 160 acres in the back and then you create two driveways to 2A west and 2A east. That way they own their own ownership because I've already kind of gone through the legal battle with tract one and I'd like to deter other residents from having that same issue. Okay. So the so the red road is public road just not county maintained

it. That is the plan. I'm currently working with an attorney to have that completely drafted. Okay. So, if it's a red road, the county doesn't maintain it, it's public, then those two accesses could come right off of the public road. No problem. Yes, sir. If the county doesn't accept it, then it's a private road and you It is a But I I I own all of that north and south. It is a county approved red road right now. Not yet. Roads. Yeah. Okay. So, it's a Then it's going to be a private road. It is a private road.

It's a private road that the county when I talked to the roads department, they told me that it would be a red road unless they came and I built it to their specifications to dedicate it as a green road. As a red road, I will have with a resubmitted plat a easement through that allows access to not only the public as a red road, not maintained by the county, but maintained by myself and any other lot owners, which I currently own all the lots. So, at the time, I would maintain that red road all the way to the 160 acres.

Okay. So, there will be easements granted for lot 2A west and 2A east off of that red road if it's not if it's a private road. Everybody's going to get access to the red road. I already have an attorney drafting all of that up for everybody on lot four. Um, and then all of the tract two tracks. Okay. and the 160 acres to the east. Okay. The the the roads that go to the A lots are going to have to have easements through the B lots.

So I the yellow lines there are actually their own access so that they don't have to easement. Those will become real property. Oh, so we're going to have flag lots. Exactly. Okay. Yeah. Sorry. Right here. That makes sense. Burbage. Yeah. Flag lots. Two flag lots to the north. Correct. She's She's converting easements into real property for the north lots for for the A's. Okay. Yes, sir. Okay. Anything else on this one? Number one. On number one. One of three. We're good. I'm just curious why why is it necessary if you already got the easements through there? Don't ask.

The the easements are no longer there. The easements were purchased by my neighbor after a legal dispute. And after doing the legal dispute, I'd like to reduce that for anyone else going forward.

Okay. Good. Okay. You want to tackle the second one or? Yeah, let's look at the second one. Okay. And the second one is going to be the boundary line adjustment which is doing the same thing creating another flag lot right correct. Okay. So this is the new property line. Okay.

It's it's uh selling real property to lot 4B from lot 4A. So they have direct access to road H6. So that's why they're all connected. And this is the same H.6 through the subdivision. H6.6. So that so this this lot up here is the 2B east, right? Uh above. Yeah. This is 2B that's 2B west and this is 2B east.

Okay. So there's a split. Okay. Okay. All right. Okay. So, this is down below. Okay. Gotcha. And the adjustment is going to create an access to the basically the house down below for the lot split.

Okay. Any questions, comments on on number two? Welcome home, Mike.

Conveying that little strip here. Is that what's happening? That's correct. Yeah, it's fenced um on that dotted line. And so what we'll do is give them the real property just from that fence line to the property line to the new lot. Correct. Yeah, that's pretty simple. Okay. Nothing else. We'll move on number three of this part. Yeah, there's another one. And this is this is the split of that of the next lot to the west, right? This is the split of 4A. Yeah, we just did that.

4 A. Okay. 4 A. So, we'll go back to the original. 4 A is south of 2B west and 2B east. 4 A west, which is which is And this is the 2 A3. Okay, there's six. All 30 acres. This is where we just split. All 30 acres right now is 48. Okay. Yes. Minus the 60 ft strip, right? And now they want to subdivide and give access down this here. So they're going to split

within a split. Okay. This this was this is number four, three. This is four. So number three was just this the 9.3 acres was number three and the and this and the house that was that was a lot split. Now the remaining are going to be so this 60 foot real property was the second one we looked at just now and the remainder would then be split into three lots a three lot subdivision meeting the 9 acre minimum. Okay. creating access that

on the black line for all three lots if they wanted it. And this only goes to this guy. Okay. All lots will then access H.6 either green at the culdesac or H.6 red. They own the property. So does it matter? Now, is that going to be an easement between 4A West and 4A East? That where that roadway goes to driveway goes through there.

I'm going to do a driveway through there. And there's currently electric and water that uh you can see a clearing that runs through tract 4A West. Uh that goes directly to my neighbor's house there on 4B. Um what we're going to do is write uh to them an exclusive easement for that that line because that water is not big enough for an additional residence off that line. Um the water for the big house on 4A east does have enough to do I think you said two more homes. Is that correct? Um, but the line that goes directly to their home is specific for one resident. So, we'll make sure that that line is an e an exclusive utility easement just for for is it 4B

the Hurst residents my neighbor. So access to 4A the then let's put it this way access to the 9.13 acres is going to be off of H.6. Yes sir. As well no this H.6 as well as 4A east off of H.6 six and the 4 the greenhouse let's put it say the greenhouse he's going to come off his own property and then the split that's between the 9.13 and the 9.14 goes to the 12.15 his property you got it it's a lot but you did it

okay that's that that's access now back to the water issue yes sir you said there's a line that goes between the two those two homes that's correct Okay. And that's going to serve the 9.13, that home that she's circling with the hand. And what about the 12.15?

The 12.15 can still access off of that water. I just don't want anyone pulling off of her particular water line because that water line was put in prior to both of us residing there and it did not meet Monizuma water requirements. So, it is only for one home. It needs to be no more than one. So the so that the the line actually intersects that new proposed access. It's just to the side, right? And that and you're going to tap into that to go to the 12.15. No, no, no, no. Okay.

No. Monum water company said that um they have enough water for uh this property to have two more water taps. So the the Hurst property is not included in their proposal. So it's only the three lots that they are creating that is that so there's there's already service for the one lot uh 4A east. Okay. And Monuma Water Company uh says that they can get two more taps, one for the 4A west and 4A South. Okay. And that that come off of H.6.

Yes, it does. Okay. Gotcha. Got it. What are we calling this lap down here? That's Hurst property. That's 4B. That's 4B. The whole thing's property. 4B. Thank you. Gotcha. Okay, I understand it. If it helps. This is what it looks like right now. Yeah. Oops. Yeah. Okay. As long as they looks like everybody can get water. They get water, they get electric, they get access and the Hurst property the water comes from where?

Uh it it is from the Monzuma water but where it does tee off next to the 4A tract 4A east track. Uh that is a line that was installed that is for a single residence so no one else can pull from it. I need to make sure that no one else tries to tap into that line, but uses the main head that's further up the way. Okay. So, that's not servicing for a east also. That's separate, correct? Right. So, okay. Yeah. What? Oh, that's an access road. So, that water line. Okay. Now, it's crossing 9.13 for the remainder parcel. Okay. Okay. So, it's going to have to have its own easement. Correct.

That's what she was saying. Okay. That's going to be a condition then. Yeah. Need to make a condition [Music] easement to remainder. Okay. Anything else? Yes.

Go. Just the a similar complaint. the third application in this grouping. Uh on the first page, it has the same mistake. It refers to a land use code that has been superseded and no longer is um correct. So that's all I have on that. Bless you. God bless you. Of course.

Yeah. Okay. Anything else? Okay. We'll open it up for public comment. Anyone wishing to speak for or against this application, please come to the podium. We have to follow the procedures. No. Seeing any, we'll close it and bring it back to the commissioners for recommendation because this is only one recommendation for all four. This is for this is number I don't want to be confused. This one. Anyone?

Is it my turn? You got to read this one.

Got to put you to work. I would like to move uh to the board of county commissioners to approve a proposed subdivision amendment application for a common lot line change to lots 2 a east and 2 a west 2 east and 2 west of the rolling hills estate subdivision submitted by 842 Holdings LLC agents Shan and Cassie Brooks a proposed subdivision an application for common lot line change to lots 4 B and 4A of the Rolling Hills Estate subdivision submitted by the Hurst Family Revocable Trust and Shan and Cassie Rooks and a subdivision amendment application for subdividing lot 4A of the Rolling Hills Estate subdivision into three lots submitted by Shan and Cassie Rooks based on the following the proposed uses of conformity with the code over 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.

I second. Second. Yeah. Okay. Do we have a motion and a second with the condition of an easement to the remainder property of that three lot subdivision um for the water line condition? Do we need to include that WA access as well as a condition? Pardon? Clear keeping the maintain the clearance of the WA. Oh yeah. Yeah. And keep that access schedule B when it goes through the title. They've been notified. So, yeah. Okay, that's it. Call for a vote. Done. Commissioner Hernandez. Hi. Commissioner Armstrong. Hi, Commissioner Lynch.

Hi, Commissioner Doyle. Yep. Okay, motion carries unanimous. Good luck. In touch with you, Kathy. That was kind of brutal. There's just a lot going on. So, yeah. So, what happens if two out of the three permits are good and the third one is not? It could happen. You would have to We would have to vote all three down. All three. Yeah. And then and then separate separate separate. You would have to separate. Yeah.

Make them individual because it was one subdivision and the same entity was involved in all the properties is the only reason we combined it all. Okay. But yeah, they they had a year and a half long war with the 1B neighbors. And when I first saw this, I looked at we actually ended up nuts doing the subdivision amendment last month just straight to the commissioners to resolve the court issue. The third court issue. It's complicated. Yeah, very complicated. Okay, we have roll call. Commissioner Hernandez here. Commissioner Armstrong

here. Commissioner Lynch here. Commissioner Doyle. Yep.

Okay. We're going to go to number five, which is the last one. Right. Notice is hereby given the Monizuba County Planning and Zoning Commission will hold a public hearing for the purposes of reviewing and determining recommendations to be made to the Board of County Commissioners regarding a proposed subdivision amendment application to lots one and two of the Harrington Minor Subdivision, third amended A moderate subdivision. Here we go again. Uh, subdivide submitted by Edward T. Vault on property located at 21555 Road F, Cortez, Colorado, consisting of 7.5 acres more or less and Robert Field on property located at 21424 Road F, Cortez, Colorado, consisting of 11.74 acres more or less. both located south of Road F, east of Road 21, situated section 18, Township 35 North, range 16 west of the New Mexico Prime Meridian. This is a public hearing. Was the public notice published?

Yes, sir. Evidence of letters to the joining neighbors and mineral owners submitted. Yes, sir. A sign was posted. Yes, sir. Okay. Have an applicant. Uh he unfortunately had to leave town but so we will present that for him. Okay. He just won't be able to answer questions then. Correct. All right. Can we have the department findings?

Sure. The applicants are proposing a common lot line change to the Harrington minor subdivision in order for Mr. TA to obtain two acres more or less from Mr. Field. Um the surrounding properties consist of residential and agricultural uses along with the Bureau of Land Management lands to the east. Um both properties are accessed by road F. No new driveway access is being sought at this time. C dot uh stated that they are okay with this. It's not going to um adversely affect anything on the the uh highway. Um the Uh utilities are all in due to uh both properties having um residences on them. Um and that's basically it. Okay. Questions, commissioners, comments? This is a simple 2.2 2 acres added to T- wall.

Yeah, he's he didn't want to borrow the money and do this all the first time or the second time or the third time. So this is the fourth. He has slow slowly picked up all the property to the south of him. That's why it's the third amend already. Okay. Okay. So, uh until I come to a better understanding of the land use code, I have the same complaint about this one. Um per 9103.4 and.5 um it's my opinion that this should have gone to the commissioners without us.

So you're saying this shouldn't even come to us is what you're that's that's how I I mean what are you reading 9103.4 you have that and.5 We look at it. I didn't bring it up. Yeah. If he's

Okay. So, 91303 9103.4 and five. Well, the key word there may Yeah. Five major changes to an approved permit. So the exemption regulation there

when we take an exemption application to the BOCC, they are allowed to create property. Mhm. So, if there's a canal that cuts off your 10 acres and you've got 500 acres and you can't get your cows over there, then that falls within an exemption condition where the con commissioners may grant that exemption. So, that can be a standalone piece. You're not subdividing it for housing for any other use. It's because that the conditions basically have separated it already, right? Um, that doesn't come to us. That goes straight to the commission.

Correct. All exemptions go straight to the commissioners. In the 90, they probably did 500 of these. Everybody just avoided subdividing even though they were subdividing and for housing and multiple properties. Um, so the exemption is and it also works with uh between governments just like we're doing out on uh the intersection of road 25 and highway 184.

That exemption for 2 acres went straight to the commissioners just for the new realignment of road 25. And they're not, you know, not subdividing it for any other purpose but access for the new road. Right now, if that was to change, that would be that would have to change the land use code. Then if we wanted that to come to us, the only reason I say that is because that's going directly to the commissioners without any public notice or without any public input. Correct.

Yeah. So we would have to change the land use code to change to amend that so that it would come to us so that we could have a public forum right but I don't think statute um this is states that it's pardon this is state statute h it is but when I talked to Dola they said it goes back to the your your local county they can say, "Nope, you need to go to the PNZ," right? The commissioners make the call on how it they make the call. They make the call, but again, it would have to be changed here in the land use code.

Okay?

And and so the the the part that I I believe is triggering this is under 9103.5. The second sentence says, "Major changes shall include but are not limited to changes in use exceeding a measurable 10% of the permitted or historic use. I'm saying that 10% of the acreage has been changed and that is a change in use which triggers this exemption process." That's what I'm saying. So that the first sentence major changes to an approved permit. A subdivision is not an approved permit. Um chapter 2 deals strictly with high impact permits. So if your change of use for your high impact permit exceeds the 10%. Uh minor changes under a high impact permit does not always trigger an amendment um application be submitted. Um so that it's basically addressing permits um not subdivisions. Um so chapter nine is not specific to any one chapter. It covers pretty much the uh I don't remember what it's titled administration for everything

in the land use code. It does say permit. It does say permanent. I don't know that I would think this is really a change of use though. We're just Well, yeah. I mean, the use definitely indicates a a permitted use of some kind, not a change in the a subdivision though isn't a permitted use. It's a land change. That's what I mean. Yeah, that's what I'm saying. The key word being permit here. Yeah, the permit is permit down there. 10% footage. Yeah. Okay. You okay with that? Thank you.

Okay. Back to back to our Mr. TW's uh application. So, we have no he's not here. So, no more uh discussion on that, then I'll uh have to open up for public comment. Um seeing none, we'll close it and go back to the commissioners for a recommendation. Jason.

Yeah, I got it. Just needed to find the sheet. Uh, let's see here. Okay. I'll make a motion to recommend to the board of county commissioners to approve of a proposed subdivision amendment application to lots one and two of the Harrington minor subdivision third amendment. A moderate subdivision submitted by Edward Tuvalt and Robert Field 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 the uses consistent with the proposed zoning.

Okay. There are no conditions but for the record according to the map that uh magenta line is underground electric line and that goes right underneath that building. It's just I mean and I know it's GIS maybe it's really off to one side but right for the record. All right. No further discussion. Um does have a second. I'll second. Commissioner Doyle second. Okay. We have a call for a vote. Commissioner Hernandez. I. Commissioner Armstrong. I. Commissioner Lynch. Hi. Commissioner Doyle. I. Okay. Motion carried. It was unanimous.

We have roll call, please. Commissioner Hernandez, here. Commissioner Armstrong, here. Commissioner Lynch, here. Commissioner Doyle, here. Okay, now we have additional discussions. Land use code regulations, final draft. Okay. It's kind of hard to see. It

is. I think that's And then we have That's okay. That's my red lines. Okay. This is what you said.

Commissioner Dove, you weren't here for our Thursday pow. That's correct. That we had for the uh public. So, we had a lot of a lot of good input from them. I read some Yeah, I saw we had some letters come in. I guess Don Porter around and obviously sensitive people are sensitive to their their scenery disturbed etc. I personally fully understand that and uh I would like to acknowledge Commissioner Lynch for putting together a draft for us. Thank you very much.

Well, what I have is not the draft. There's two things two documents you're looking at here. So, can you make the one on the left even smaller? Just kidding. I'm just kidding. Those were those were my comments. Yeah. Line items out and you know Yeah, I was I was fine with the changes here. Um thank you, John. Thank you, too.

So, yeah. Um the area I'm I'm going to refer to uh Commissioner Lynch's uh rooftop solar comment here. Just area used is less than total roof area. I'm under the assumption I guess based on what I know is that that's kind of based on like a fire code, right? So there's space available for um firefighters to be on that roof. I but I don't know if like that's where that comes from but if if it is then maybe we should just be more specific like and I don't know what that means like it just meets fire co-regulations or structural engineering

percent of the roof remains I think that's right I mean I talked to I talked to our fire official in Cortez about it and he's like yeah that's what that's for. He thought that's what that would be in there for. So, I don't know if we want to just say that specifically, but I I wish I could take credit for that, but you know more about it than I do. I just wanted to make sure that they don't have stuff hanging off the edge of the roof. Yeah. Or the whole roof's covered in solar then there's no access. Yeah. So, we're fired. Well, that's kind of I mean, that's how he interpreted it. He's like, that's good. He's like, but that's probably why you would want it that way versus it's hanging off. Sounds good to me. So um I just wanted to say that

roof area above roof does not cause threshold standards exceeding. Yeah. How would we um think on a small scale? Are we saying here that somebody could have an array that was three acres? Yeah. So how big how many acres of solar would you like to live beside? Yeah. And what I'm saying is um I think no acres I well well certainly not three acres is a like I have a my property faces south on on one side people coming up that if I were and I've got 50 acres there.

Yeah. If I were to put that up, you'd see it from the time you came over the crest of uh Mus Hill. Yeah. And you'd see it all the way down through Mus. you probably all the way to to Mesa Birdie. Yeah. Three acres. That would be a mirror shining in. I mean to me that just seemed huge. Yeah. And I'm and I'm not saying that has to be the number. I'm just I'm proposing at small scale what you're trying discussion. I mean it just seemed like

Well, I mean I like the way this is like set up as a conditional use. So there's you can't just it's not a use by right to put small scale in if I'm reading this right. So when it comes to the conditions that you place on approval, I mean I I I might be in agreement with you in your particular circumstance like there's no way to screen this thing, you know? You believe I can tell you that but there may be another situation where you could, right? And so like I think if it goes through a process where you could determine if so too

things are mitigated or if they can't be then maybe that's a reason to deny it. But it's going through a discussion around envisioning, you know, significant slopes. You can put them on. You can put them on slopes. You know, the bottom my property is 7,900 ft. The top is 8,300 ft. It faces south. Just line it. Three acres there would be well an acre's 208 28 foot squares an acre. So 200 200 200 pretty big. 600 600 44,000 square feet, right? 43560 something like that. Yeah. Yeah. It's an acre. 43560 square feet.

Yeah. Well, again, times three. Yeah. I mean, I just agree that it's not just an automatic approval. Every situation is going to be individual. And so, we're going to have a conditional use permit attached to something like that. But I'm not but it it you could also have that conversation and decide there isn't enough mitigation possible and community scale would be three acres and that's a case by case. Yeah. Community is greater than three but less than 20 on a case by case. Yep. I mean that's the right

making sense to me. And utility is 2 megawatt. Exactly. I we need the right I mean these are they're all individual situations here and that's what I was really going for in my head was just like can we just look at everything as the small scale and the community scale are going to be there's no revenue to the county that's just going to be to the individual whether it's the the three acres or the 20 to the community it's going to be their benefit not to the county at all but the impact is going to be to the county right to the community. Yeah. And the utility solar 2 megawws 10 acres.

So you're saying you're saying 2 megawatts is 10 acres then huh? No. Of solar. Yeah. No. No. You're not saying that 20 acres. 20 acres. 20 acres. Yeah. Two megawatts or larger require approximately 10 acres of land. What did Mesa define the same as Mesa? Therefore, 20 acres are larger. One megawatt per 10 acres. Yeah. 2 megawatts of 10 acres. Megawatt per 10. One megawatt per 10. That's kind of what the projects that we've had already have worked out to be, haven't they? One one megawatt per 10 acres appro basically. Correct. Okay. Yeah. And and that's going to improve over time as technology gets better, but

Sure. But now that's what we have. Yeah. And that accounts for a perimeter fence and setbacks and roads and right. Um yeah.

Okay. For zone 03 my right rooftop solar. Yep. Ground solar up to two times the kilowatt residential. So that's this is where my question came to you, Don. Like I'm fine with relegating utility scale to industrial zone. Like I think that makes sense to the community. I think it makes sense to us, but it was like how many industrial properties do we actually have in the county. Um, and those are going to be right next to an agricultural use probably, you know. So, I'm just trying to like figure out like if we say it's a use by right, those people right next to it are going to be

well stuck. It has to it has to be zoned in order to be well I just mean like if there's an industrial it's already zoned industrial. Let's just say that industrial or commercial and they're just going to plop it down right next to somebody that doesn't have an industrial property. It just leaves that I mean, if you say it's a use by right, then there really isn't. So, there's a there's a an example of that. Remember the the property where they were going to move the wood and they have all the wood piles out there. It's out out by Monizuma water. Yeah. Wood. Yeah.

Yeah. That's an that's zoned industrial. Absolutely. So that could be a place where they could put a utility size scale. Yeah. And I mean people that um you know have agricultural properties right next to an industrial zoned property because it was just zoned that way to begin with. That's all I'm saying is like if we're going to just say that's it, then those property owners are basically just like well I guess I can't really contest this. It's used by right, you know, and there's going to be impacts. But if you live next to an industrial zone, I guess you have to just assume that things could happen sooner or

later going to be you're you're taking it one you're you're following the story after one step has occurred already and that's getting the zoning changed to industrial. So what you're saying is you're not going to allow solar farms. Correct. Yeah. He's he's talking about existing I'm talking about existing industrial industrial existing the commissioners are not going to zone anything like that out in the country. So if what you why would you put so the way the land use code industrial and egg yeah the land use code was written so that all the oil and gas could occur on a land on egg land and not be zoned industrial and not change the zone

change it. So this this is the Goodman Point compressor station. Here's 40 acres AR35 plus and you have 20 acres of building and development on it. And that is pretty typical. Um if you go out to BBNA, right? Yeah. Their compressor station there is on 280 acres and they have a $15 million compressor station there. Yeah. I mean,

so so cuz I I visited with Kent and Commissioner Copenhafer and that's what they said is they all the commercial and industrial zonings that are out in the county now pretty much came around at the adoption of the land use code, right? that they are not for and we have tried simple stuff. Um that actually should and could be commercial just northeast of town right by you know BLM's parking lot that has 50 cars parked in it today but they will not zone um properties like that. Mhm.

So that is why under conditional uses in the land use code it covers all a land as a conditional use. You can have a high impact permit and that's how it was developed and that's how it was formed back um mid mid to late 90s. Yeah. And I I mean I think realistically even if they theoretically wanted to reszone something to be industrial, there's a good chance you're spot zoning out in the county. So there's probably some stuff that's going to prohibit that anyway. I was actually just referring to what's already zoned industrial

and just kind of grappling with that. you know, whatever. Whoever's living around that already zoned industrial, they're just basically going to have to It's not a change. It's actually in the land use code right now. Yeah. It It's I This isn't a change. No, I know. I know. It's already there. I know. Well, I'm just wondering if it if we change it from a use by right to something else, but I don't know. I'm just putting it out there. And and that's exactly right. Everything there is is um changeable. Yeah.

That's not um what I'm I I wrote it the way I would like it, but that's not to say that it can be completely changed. So, um yeah, even though my feelings will get hurt. Oh, no. No, it's not a big deal. It's it's a it's a platform to jump off of. Yeah. Or good or a what do you say a diving board? Yeah. Springboard for whatever. Yeah. No, I think it's actually it's it's good we're talking about it.

So the concern is that it's used by right and that that would shouldn't be that way. I maybe I mean it's just such a huge impact from like going from like a building compressor station to thousand acres of solar panel right it feels like there's a view there there's some like and again you know we could just say it needs a high impact permit or something like that and discussed mitigation I just yeah when I think about it you know

I believe if I'm not mistaken and and maybe Don can correct me if I'm wrong, but I think the high impact permit is required along with a heavy industrial zoning for um the energy. You might be is that correct? I didn't bring my book with Oh, special use is required. Special use permit and a high impact. Okay. So, we've already got that covered. All right. that's already in there. Which gives you the option or gives you the the clout that if they're not behaving, you can pull it, right? So, okay, that's okay.

Did you uh get a chance to talk to Mesa County, Don? Uh, I have not. Oh, it's okay. as far as just like any lessons learned do or don't like for what they did what they did. Yeah. Anne building no more than one acre. Explain that one to me. Um it it's a way to to limit how big the solar is on any residential property. you people um I would want to have the ability to uh cover all my usage with solar if I wanted to. Okay. Well, you can because um it's your limit is two times that or one

of your normal of your of your load. I doubt if anybody would do that, right? I don't think anybody would put that much in because you don't want to rely 100% on solar. I think I could be wrong, but I think that to buy it back from you. Now, Empire Electric actually sets limits, right? Right. They'll tell you if you if you can or can't because they're limited to the amount of solar on what they can, right? They what they'lling to buy. I think they're the ones that stop you from covering or whatever, you know, like you're kind of limited by what they'll do. That could change. They have Yeah, they have sold right now. I should say right now this is what 22 25

in 24 they came really close to maximum max maximizing their load that they were willing to take in 24. I mean, you can imagine a scenario in the future where the county is basically poor, very poor, where we could apply and try to get some giant data center out here for AI, which requires massive amounts of electricity, where they would want to have something like we kick down the can and kick the can down the road the other day, only bigger I mean, at some point, or we can go to the president and say, "We'll just quadruple your

property taxes." I mean, this is where it could end up going. Yeah. So, you know, is there a way, you know, I I've read that they're actually putting in modular nuclear for those. Oh, yeah. I'm not sure. It's coming. There's applications. There's companies doing it. It's It's happening. Give me those companies names here, Mike. I'm just meeting with my investment people yesterday. I didn't hear about that. Yeah. What's your email and I'll I'll send you I'll write it down. It's easier if I write it.

Okay. For the industrial. Okay. I mean, you make a good point that um hell's the name of that lumber yard? How come I never remember that lumber yard thing? Ironwood. Ironwood by Dolores. That'd be a perfect place for a solar. Well, unless you ask the neighbors. Anyway, but the ne I mean the neighbors that were around there were were complaining about the about the dust and the smoke and everything else with those Oh, yeah. people. Oh, yeah. More solar here. Electricity is more expensive here.

I mean, I've looked it up at my place. I'm using 7,000 kilowatt hours a month and they're like, "Oh yeah, okay. It's going to cost me." The payback is like 14, 15 years out. Oh yeah, break even. I'm break even. I mean, it's just And I've had neighbors look at it. The only thing it's, you know, it increases the value of your property of your home. Yeah. I don't know if it does it enough to be honest. I mean, you know, if my brother lives in Insanus, California, he pays 43 cents a kilowatt hour off peak. I What are we paying? 5.5 cents here. I mean, it's He pays 43 cents on on solar or no on electricity.

I'd like to see that bill because I know I work for SDG. They're almost 90 cents right now. 90 cents a kilowatt hours. Okay. That's even that's double that then. Yeah, they are. They're very expensive. So, they're going up. There you want going up. you know, here it's cheap. It is. It's cheaper. It is cheaper. I don't know any place where it's cheaper than this. Um, I just had another just quick question because I just couldn't recall where this one came from. Uh, all land owners inside the general boundaries of the project must be offered the same opportunity to participate in leasing contracts. Did we see something come up where somebody felt like they didn't

I I forgot one of the commenters Yeah. was right in the middle. That's That's what I thought we were talking about there. And they were not included in the final, I guess. I don't I don't know the timeline, but they they were they were um in the center of all that and didn't get to participate for some reason. I don't know the reason. Maybe they didn't have enough property. Maybe there's other reasons, but

I felt like what she had said was like, "We bought this pro we just bought this property like a month ago and didn't know this was even going on or something like that." So I I like this in some form, you know, to protect people. I mean, the land transaction versus when it's coming before us. I mean, yeah, you could totally see how somebody could walk into a situation if nobody informs them that you're about to be surrounded by thousand acres of solar panels when you just wanted to build a family home.

Yeah, we should do something like that. That makes sense to me. I I can imagine where on the first visit by the leasing guy, he gets run off the property with a shotgun. Yeah. And then then later they change their mind, you know. And I I I'll disagree with this one though. What's that? If you if you put up those put solar panels three feet off the ground, there's still enough light that you can grow.

Well, yeah. And there's this thing. This is another thing that the fire guy pointed out to me. He's like, "Well, now they make these bfacial solar panels." Have you guys read about these things? So, basically, it catches obviously what it does is it it's a new kind of solar panel where the light actually can sort of pass through it and it'll collect what's hitting it overhead, but it also collects what bounces off the ground and comes back up. So he's like the the technology is just advancing. And so that's all I thought it was an amusing anecdote. He told me that right before I came here. I was like, "Oh, I didn't even know about those things."

And if you remember, you can put goats out there, right? Absolutely. Yeah. Or sheep. I'm just saying like you could probably sheep are good. Now you Now you fit that zoning addit certain kinds of agriculture. You you can put vertical rows of solar panels and farm 40 ft in between them and do alalfa all day long. Sure you could. Y I mean I think the point I like that part. I like that part. Just use the water. Just got to have water. Yeah, you do. Water is important. I mean I think the point of this is just Yeah.

Not the sun the water would be. I mean, I think the point of this is just, you know, we're trying to we're trying to make sure that utility scale solar uh can't just happen because they're saying they can put sheep under it wherever they want. But I think this is important we address all aspects of it though, the solar. Yeah. The from the mom paw on the roof all the way to the generation. I agree. You know, yeah, we need to this is the best way to do it. And I would also agree with your initial statement. This is probably going to be the largest amount of text, but we probably ought to figure out wind, hydro, nuclear, and fossil fuels in some fashion.

Hydro, you got to have water, and that's something we lack. Well, yeah, I'm that may be true, but we probably ought to address them individually at some level. I don't know how. We built two hydro plants in Colorado. Oh, yeah, sure. We got that one up going up to Tellyide. Yep. The little the first AC the city of Cortez had one until they didn't operate it right and then they shut it down. There was one coming out of out of MCI. It crossed the pipeline crossed 184 little generator. There was another one out there at their water plant. Water plant. Oh, and the city water plant.

Okay. The trick is you got to house your buildings because it generates so much heat that they ended up having to use all the electricity they generated to run the air conditioners to keep the uh units cool. Wow. I like the set. So, if you guys are leaning toward using this as a springboard Yeah. Um what I would want to suggest is that uh we have time to take this home and you can uh mark the places where you don't like the numbers or you don't like the limits. Okay. And then we we we worry about just those places and have another meeting. Okay.

Like the three acres. Well, I have the land to do that. I It's my right looking at it. Do I even need to come here? I just put it up, right?

Looking at it realistically, a 3 acre um site, one has to be approved by Empire Electric. They have to be willing to take the the juice. Um, and once you make that commitment, they deduct it from their bank, if you will, that what they're allowed to buy back. Three acres is going to be I mean, the cost of that's going to be on you, the private property owner, to build that. That's going to be expensive. Really expensive knowing that. No I know that. Yeah. What it's going to do is serve it's going to serve you as a private residence and if you have two houses on your property then two the rest of it's going to get bought back by

they buy it back at well they buy it back at this low rate that they sell it at this problem this why you don't see much of it out here right we're in a great climate for it we are absolutely we have more sunny days in San Diego 39 cents in inas per kilowatt hour in inasenas California what's date on that 1850. Let me put my glasses back. Well, I agree with Commissioner Lynch. We should probably take this home and kind of stew on it. If you do get a chance, Don, to reach out to Mesa and just find out if they've got anything like Do we have enough time, Don?

Yeah, if you want to go through yours because you marked up yours, man. No, I've got it up here. Yeah, let's pull it up and see what Yeah, those are just Yeah. some of the stuff that I put on there. See, I was going to limit your you're you're generating not know 900 acres limit to 160 acres. I just Well, you know how I feel. Pardon? You know how I feel about that. Yeah. I don't want to like put an arbitrary cap on it. I'd rather just like That's a section of land. 160 acres. Oh, yeah. Yeah. That's a That's a full section. No, no, no. That's a Quarter section. 640. Oh, he's right. 40. Right. Right. Because 40

640 is a section. Yeah. 40 * 40 60. That's a quarter. Yes. Full quarter. Right. I mean, I just a quarter. Quarter was Yeah. I mean, I just again like I just feel really strongly like if we kind of put some, you know, conditional reviews on everything, then it's all going to kind of work itself out in the end versus arbitrarily just saying you can't exceed this because who knows like maybe something bigger than 160 acres would work somewhere. But if you remember the people that were here Oh, I know. you know, they wanted a limit. I heard we heard that before,

but I also I heard the opposite viewpoint from a lot of folks, too. Like, don't put limits on it. Just figure out how to mitigate it. And just again, I don't know. I think I think arbitrary caps on just like just blanket statements. You can't make it bigger than a certain amount. I don't know. It just doesn't sit right with me. Doesn't mean I'm correct either. I mean, I'll go with the majority opinion here and support it all day long, but my gut feeling is the commissioners aren't going to want to see a limit. Yeah.

Because if you have specific place in the county, it might work. Everything sight specific for variance. No, they don't want a variance. No. Yeah. I don't want to create another process either, you know. coal mines reactivated. Well, yeah, you were here for that. Yeah. Okay. And you know, with with with the limit, you're you're you're you're you're not having those 900 acre people come sit in front of you and go through the process.

You know what I mean? I think it's their right to make a business decision and try to make a case that that's going to work for them financially. I don't feel like it's any government's responsibility to say I mean it depends on the level of nuisance we're talking about here too like I wouldn't say that about like uranium mining maybe but you know in terms of solar um well I mean you were here when they we had that 900 acres how many people were here yeah and I get it nobody came weren't here I Well, then you should have been in the

meeting. Anyway, I' I've said what I'm going to say about that. I feel like the the way we're going with Commissioner Lynch's kind of thought process here is the way I I'd prefer to go either on the mass on the big one. No, I'd prefer it to be nonprescriptive. Let's let's deal with it at case by case. And sure, it stresses out the community when something big's going to come, but I mean, that's democracy in action in my opinion. Like, we're just gonna let people What do you think about the pre-permit hearing? I like that. I think it's good. It's a good idea.

It is good idea. It's kind of getting the news out and getting some additional time for people to get up to speed that something's happening. I like it. Yeah, I like that a lot. A lot of times people don't know what's going on. Well, similar it I'm suggesting that it be at a PNZ meeting, but it not be a permit application. It be information session, on a project, a specific project, right? Well, like a community except it's going to be official. It has to be official. If we're going to have it in front of us, it's got to know the public. They got to be noticed, right?

Yeah. I mean, it seems like, you know, especially for that these big ones, like they're trying to do outreach and build community support anyway, but it feels like this would be a nice little addition for people to be able to come and so it's not just them kind of showing up at a meeting in the Graange and then going to host a Here we are. Yeah, I like it. do that. Let the dog and pony show start. Oh dog, it doesn't give us a lot of Do you want to go through some more of yours, John? Your stuff. Yeah. What you got here? I thought there was another No, I guess not.

That was your basic basic. I just crossed out put some comments and stuff, right? Using that as a as a format. Mhm. You know, right? So, if we're going to not limit, then we'll take that one off. We're not going to limit it, you know. Okay. Well, anyway, yeah, Don, if Mesa says anything, like it's something we would have tweaked, but it's not worth our time to go back and do like a full revision of the text. Yeah, I'll reach out to them again and see if I can get a an idea of what they do or don't like about what they did. Yeah. Guidance would be helpful. How long has theirs been in place? like six months. Um, one year I think it was.

I think it's only been a year. Well, maybe there's nothing to maybe they haven't really had to do anything either. So, January 9th. So, I'm working on two years. Adopted in March, April. April 24. Wow. April of 24. Yeah. So, just over a year. I think it was adopted. Yeah. public hearing. When's this thing signed? Yeah, it was April May of 24. Maybe they've never Maybe they haven't even had to use it yet. Maybe. Yeah, they haven't had an application. That's That's the thing that

maybe that's why I haven't heard anything because Yeah, it hasn't been tested about it, right? is like so, you know, I now I'm working for the city of Cortez as the planner and they literally just adopted the new land use code in April and it's like almost every time we use it, we find something that's not working super great. So, it's like you you kind of have to give it time and then try to like use it to do a project and then you kind of realize, oh, we forgot this.

Oops. So, if they haven't had any experience with it, maybe they're just like, "Well, maybe we would have changed this, but we don't really know because we haven't tried it yet." So, we'll see what happens. But Motion to

Yeah. The commissioners are wanting to see something sooner than later. They're getting antsy. Y and cuz the moratorium's open. Yeah. October. Yeah. If we do this at the next meeting, it's like they got to go. Highlight. Yeah. Mark it up. We can mark it up. Yeah. Let's do that. Why don't we just go through this again? Yep. Um, thanks for doing that. Do our mark markups and send it to you and then tally it all. Yeah. And I'm saying if there's one of you that agree on something, we got to do it. Yes. I don't then the three works. that anybody that the issue is going to be each of us knowing what the other person recommended.

Well, if each of you will send me what you've got, I can send it out to everybody. You guys just can't we can't talk between each other. Yeah. All right. Projects including should not be allowed on land zone. Don, is there more? No. Motion to adjurnn? Yes, sir. 5 second now. Okay. Second motion to turn vote. Commissioner Armstrong I [Laughter] got to go. Yeah. Those in favor I I I'm a journ.

Thank you. Thank you.