P&z Meeting - Regular Meeting

Thanks for your patience, everybody. Um, I'm going to get this started. So, the regularly scheduled meeting of the Monizuma County Planning and Zoning Commission is being held in the Commissioner's Meeting Room in Monzuma County Administrative Offices, 109 West Main Street, room 250 Cortez, Colorado. We're going to open with the pledge of allegiance and a moment of silence. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation indivisible with liberty and justice for all.

Thank you. All right, Don, call the role. Um, Commissioner Armstrong here. Commissioner Nurggard here. Commissioner Lynch here. Also present, uh, Don Haley. Uh, absent, uh, Commissioner Saunders and Commissioner Doyle and Commissioner Hernandez, unless he shows up on Zoom. Um, please silence or turn off your cell phones during the meeting. If you need to take important calls, you can do that out in the foyer. Um, has the planning and zoning commission reviewed the January meeting minutes? Yes.

Yes. Okay. Um, I'll accept a motion unless somebody wants to make changes to those. Um, I'll make a motion to the commissioners to approve the planning or the uh minutes. Okay, I'll second. Okay, call the vote when you're ready. Done. Commissioner Armstrong, I. Commissioner Lynch, I. Commissioner Enderard.

I Okay, so the uh 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 the commission, please come to the podium and state your name and address for the record prior to providing your comments. Comments to individual applicants are not permitted. Participants may not yield their time to others.

All right, Commissioner Armstrong, I believe that Mr. Hernandez is on Zoom now. Hey, John. John, are you present? And can you hear us? You have to unmute. John, say hello, John.

Try it again, John. See if we can hear you. Oh, he's using earbuds. Sorry, folks. You there, John? We can't hear you. Still don't hear you. He can hear us. Speaker

one more time. John, he's talking. When you hover over his video, what does it say? Hover over his video. There it says mute. His video says mute. Go over him. Yeah. Yeah. So go hover over his video. Yeah. There you go. And click that. That's to mute him. Hit it and see if it'll unmute him. Maybe. I don't know. Ask that now. Now ask him.

No, cuz now he's muted. That's the red microphone. Not working. Still got nothing. [snorts] No audio. just have him like write his comments and hold them up for us to read. Thumbs up or thumbs down. Can you hear us, John? Yeah, he can hear us. Yeah, we can't get [laughter] you at all. Okay. Okay. We'll we'll try, John. Okay.

Uh All right. Number one, uh go ahead and call the role, Don. [snorts] Commissioner Hernandez. Gotcha. Commissioner Armstrong here. Commissioner Negort here. Commissioner Lynch here.

Okay. Uh, notice is hereby given that the Monizuma County Planning and Zoning Commission will hold a public hearing for review and determination of a proposed 13.42 acre single lot development in AR10 to34 resoning application submitted by Edward G. Merritt Family Partnerships LLP. Agent Ed Merritt Jr. on property located at TBD Road 20, Cortez, Colorado, consisting of 73.26 acres, more or less located south of Road S, west of Highway 491, situated in section 25, Township 37, North Range 17 west of the New Mexico Prime Meridian. This is a public hearing. Was the public notice published?

Yes. Was evidence of letters to the adjoining neighbors and minor owners submitted? Yes, it was. Was the sign posted? Yes. All right. Go ahead with department findings. You want the applicants up? Oh, yeah. Sorry. Applicants come on up.

Yes, please. Right here to the table and then make sure that you turn the mic on. Yep. Thumbs up. Yeah. Yeah, we're doing that too. Thumbs up. We're good. Got it. Okay. Go ahead, Don. [snorts]

So, the uh the development is for a single lot development. Um the surrounding property is basically egg and residential use. Um agencies were notified January 19th access to the proposed parcel will be from road S. The remaining part of the property is accessed from road 21 um at the souththeast corner. Um Empire Electric has power to the site or can make power available to the site. um local propane company would have to service any residences in the area. Monizuma water has a 4-in line on the north side of roads that provides water to the uh that property. Um [snorts] water would be available for a tap for residential use. Um septic would be through a septic system. um no specified shares of irrigation water wildfire adaptive um recommends a mitigation plan due to the parcel um being categorized as moderate wildfire risk with the visible trees in a canyon running the length of the property which basically is the property to the south. Um, weed control recommends a waiver from a comprehensive wheat plan and uh there's not no flood plane.

Okay, thank you. Um, does the applicant have anything they want to add to that? I think that covers it. Okay. Um, open it up for planning commission discussion. My questions were answered by uh the planning department findings.

I'm good.

Okay. Yeah. My only question was about the access to that 53 Yeah. or so acres. Um, okay. Well, we'll open this up for public comment. All right. Seeing nobody coming up for public comment. Um, Oh, you do? Okay, great. Yeah, come on up. Come up to the podium here. Yeah, you'll need to turn the mic on. Yeah.

State your name and address, please. Johnny. Johnny Duran and I'm at 20508 Road S. and uh my wife and I um Allison Duran have the it's the high Duran subdivision and the only thing that I've got is um we are in the process of an application to um redraw um our lots some boundary lines and then in light of our new um [snorts] uh survey or the uh um am I trying to say the yeah the the land survey um the property lines are off um from where the fence line is. So, I just wanted to let the land owner know that it's um it's off a little bit uh down there past uh just south of Andre's right in there. And I think I think uh we need to we'll have to at some point move that fence, you know, and just get with you guys and maybe move that move that fence to where it should be.

Yeah. Because that fence has been there for over 50 years, but we have no problem on Yeah. sharing the expense of realigning. Okay. Yeah, that's all I was. Yeah. So, as long as it's a shared deal. Yeah. Yeah, that works. That works. So, I just I that's the only thing I wanted to bring light to you guys.

Okay. Thank you. Um so, I'll bring it back uh to the commissioners for additional comment or a motion. Um, I guess I'll make a motion to recommend to the board of county commissioners to approve a proposed 13 42 acre single lot development and AR 10 through34 resoning application submitted by Edward G. Merritt Family Partnership LLP agent Ed Merritt based on the following. The proposed use is in conformity with the code. The proposed use shall not generate any significant imp adverse impacts on other property in the area and public utilities and service are available or can be made available to support uses consisted with the proposed zoning. Um I have no conditions.

I'll second. Okay. Um, call the vote. Commissioner Armstrong. Hi. Commissioner Nurgard. Hi. Commissioner Lynch. Hi. Let me find Let me find Commissioner Hernandez. [laughter] Where's Waldo? The opportunity. Oh, there's Commissioner Hernandez. [clears throat] Good. Okay. [laughter]

All right. All right. Mo uh the motion to approve was unanimous. Thanks. Good luck. Yeah. [snorts] All right. Ready to go down? All right. All right, go ahead and call the role. Commissioner Armstrong here. Commissioner Negard here.

Commissioner Lynch here. You forgot John again. And then John. Okay, we'll just say he's there. Oh, sorry, Commissioner Hernandez. All right. Where the hell?

Number two. Uh, notice is hereby given that the Monizuma County Planning and Zoning Commission will hold a public hearing for review and determination of a proposed 5 acres single lot development in AR3 to9 reasonzoning application submitted by James and Dorothy Porter, agent Bryson McCabe on property located at 10743 Road G, Cortez, Colorado, consisting of 40 acres more or less located north of Road G situated in section 32, township 36 north, range 18 west of the New Mexico prime meridian. This is a public hearing. Was the public notice published?

Yes. Was evidence of letters to the adjoining neighbors and mineral owners submitted? Yes. Was the sign posted? Yes, it was. Okay. Okay. If the applicant wants to come down.

All right. Want to give us [clears throat] planning department findings?

Yes. So, the uh applicant is proposing a roughly 5 acre single lot development off of the 40 acre parcel. Um zoning in the area is a and residential. Um agencies were notified January 19th. Um accesses from uh County Road G um on the shared driveway. Um that driveway will probably need to have some amendments done to it for access for um the two lots. Well, actually it'll be um three parcels there. Um, Empire Electric serves electric in the area off of Road G. Um, the water situation would be through either a sistern or I believe they're proposing to drill a well and they have obtained a well permit. Um, but that work has not started. Um, what else? Wildfire adaptive recommends a fire mitigation plan. Mckelmo Canyon is considered a high pro wild wildfire risk in the county. Parcel is dense with PJ and sagebrush fuels and it borders canyon of the ancients public land. Um land owners can reach out to wildfire adaptive partners um to coordinate an assessment. Um, County Weed Department recommends a waiver for this parcel and it is not located in the designated flood plane. Okay. Does the applicant have anything they want to add?

Um, thank you. Bryson McCabe here [clears throat] for James and Dorothy Border. Um, only things I would just like to make. Excuse me, sir. Could [clears throat] you move the microphone closer to me, please? Thank just would like to make the the commission aware that um the applicants have reached out to uh Celeste Moore and are working on that fire mitigation plan. Uh they've also contacted um surveyor um who's in the process of of finalizing a survey for this and that's all I I've got.

Okay. Thank you. Um, planning commission discussion. Uh, my only concern is the driveway access. You know, it'll need to be deed um as an access and meet the requirements, the county requirements for a 60 foot driveway. That's about all I have. If I could just comment on that, I've meant to mention that the plan is to provide a restrictive easement across the new lot for access to the other lots as well. Okay.

So, um that was my question. Is there an easement in the future? And it sounds like there is. Um, and then on the fire mitigation plan, my application didn't show whether it was in progress or not, but I think what you said is that is in progress. Is that correct? Correct. Okay, that's all I had.

Okay. Um, yeah, access was my only question. So, uh, we'll open this up for public comment. All right. Seeing none, uh we'll close that. Um and I'll open it back up for discussion or a motion from the commissioner. Um I'll make a motion uh to recommend to the board of county commissioners to approve a proposed 5acre single lot development in AR 3 through9 reszoning application submitted by James and Dorothy Porter, agent Bryson McCabe based on the following. The proposal the proposed use is in conformity with the code. The proposed use shall not generate any significant as 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. Uh my only condition is that it be surveyed and a a [snorts] driveway easement uh be in a deed.

I'll second. Okay. Motion was seconded. Um go ahead and call the vote. Yep. John just confirmed easement and uh maintenance on that section of road. Commissioner Hernandez. Commissioner Armstrong I. Commissioner Lynch I. Commissioner Nurgard. Hi. All right. The motion carries. It was unanimous. Thank you very much. Thank you guys. Yep. Have a good [clears throat] evening. Thanks, Bryson.

Okay. Uh, go ahead and call the role. Let me find him again. [laughter] Commissioner Hernandez. Hey, try try volume again. It worked. Gotcha. Now it works. Now it works. Yeah. Well, we're almost done. Why wouldn't it? Commissioner Armstrong, I am here. Commissioner Negard here. Commissioner Lynch here. Excellent.

Okay. 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 three lot moderate subdivision and reszoning application submitted by Robert and Sylvia Richardson on property located at 5964 Road 41 Mus Colorado consisting of 19.88 88 acres, more or less, located south of Highway 60, east of Road 41, situated in section 16, Township 35 North, range 13 west of the New Mexico Prime Meridian. Um, this is a public hearing. Was the public notice published?

Yes, it was. Was evidence of letters to the adjoining neighbors and mineral owners submitted? Yes. Was the sign posted? Yes. Okay. go ahead with planning department funings when you're ready.

So, uh we'll we'll let the uh applicants expound on what the proposed development is. There are proposing a three lot moderate subdivision um on the existing property. Um current zoning is a and residential around that along with state lands. Um, agencies were notified January 19th. Access is off of County Road 41. There's an existing driveway. Um, the planned use is to use that driveway to access the other parcels as well. Um, Empire Electric provides power. Rural water is through Mangus Rural Water. Um they state that they have that the property has a commercial water tap, has all the water that um would be required for the three subdivision lots. U applicants stated uh last year that they purchased a second water tap for the property. Um, planning recommends that uh they have a water tap dedicated for each of the three subdivision lots as well as uh electric meters. Um, it's not mandatory, but that's recommended. Wildfire Adaptive recommends a mitigation plan. While the parcel is categorized as low wildfire risk, there's dense vegetation surrounding two of the structures on the parcel. owners can uh work with the wildfire adaptive partners on a uh recommended plan or at least a site visit. Property is not located in a flood plane.

Thank you very much. You guys have anything you want to add?

Thank you guys for hearing this. So, we bought this property several years back and at the time it had several dwellings and after we purchased the property, we found that these dwellings were really not supposed to be there. So, we are um trying to bring this into correction. Um we've already met several times with um the health department on the septic situations. We did uh there was an old meter there. We did get Empire Electric, so there's actually two services now. We did apply for an extra meter for this third property if we do decide to to get it done. So, we're trying to bring this property into compliance and keep the dwellings that are on the property is what we're trying to do. We're not trying to subdivide this and sell it. We're we're horse people. We need the housing and uh to continue our our businesses and what we do for the valley down there. So,

this doesn't work. try. [laughter] Okay. Thank you.

Um I would like to add that um we do a lot of horse work, training horses and whatnot and we teach people to do right in essence and we're trying to um enhance the community as well with what we do and offer because it's not for us if we're trying to do all this. It's you know more more also for the community to add to that. Um I know there's a lot of kids um in the tribe and and over all school systems that don't go to school here Fridays and um all of those folks could come up and learn something and enhance their therapeutic uh writing experiences um with us um while their moms and dads are still working and whatnot. So this is our goal to create stronger community goals too.

Anything else? No. [laughter] So, but yeah, so [clears throat] the original we do we do hold permits with the with the state land there. We actually hold permits up in Echo Basin. We hold permits at the the land of the ancients. We also hold permits with the the Ute tribe down in the park there, too. And this is our base of operation. So, we're like I say, we're trying to consolidate and get this handled where we have more housing for our employees and future plans to keep the housing. Yeah. Anyway, you're good. Thank you guys. Thank you. Um, all right. Open up for discussion. And John, if you want to weigh in, I think we can hear you now.

Yeah. I I just have questions on the easements as, uh, normally I do. the um roads that are depicted on the map um Don they are going to be what is used for access to and through the 3.2 two acres. Answer.

Correct. On the sorry on the uh from the west side that access road does go to the um parcel and the residence to the north. That will be a deed easement. The uh road access at the south end that goes into state land. Um, I don't I don't know what what or how or what the legal access is to state land is on that. Um, so I don't know that that would be a deed easement, but there would be a deed easement from the driveway at County Road 41 through um the northwest parcel through the middle parcel to access the uh south middle parcel.

Okay. Th those would uh be my um my recommendations too that the those easements get drawn as well as uh maintenance agreements. That's uh that's all I had. Thank you. Okay. Thank you, John.

You guys have anything? Um I believe my only questions are um you know to make sure that the structures that are there meet the requirements for setbacks. Um looking at this you know I see I don't know if those are cars on the 3.2 acre the little I can't tell if they're cars or buildings probably horse trailers pro. Yeah that's kind of what I was thinking probably. So you know that that would be my only concern is that when they actually draw when we actually draw the you make sure that that your surveys are Yeah. And uh that's pretty much my only concern.

So on my copy of the permit application uh there was no indication the what was happening with the fire mitigation plan and and maybe you said it but I didn't hear. It is recommended for a uh a plan from wildfire adaptive. So, they would just have to meet with them to coordinate. Um, they're they said their concern is this cluster of trees right here by that residence. Um, didn't really say so much back here, but I'm sure that would be something they'll they'll review because that runs off into state land and on thousands of acres.

That well, that that whole country burned 15 years ago, so there's not much up on the mountains to burn anymore. It's it kind of burned. So whatever the plan we need to do, it's not a problem. Okay. So I I did see the requirement. I just didn't see obviously it wasn't attached but I didn't know if it should be marked in progress. We haven't addressed it at this time. So okay. And then uh the only other concerns I had were in regard to the access easements and that's been addressed. So

Yep. But my other concern was the setbacks. So, um, all right. Well, let's open this up for public comment. If anybody wishes to speak, come on up. Seeing none, we'll close the public comment period and I'll bring it back to the commissioners for additional discussion or a motion.

Mr. Chair, I move to recommend to the board of county commissioners to approve a proposed three lot moderate subdivision and reasonzoning application submitted by Robert and Sylvia Richardson 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. conditions to the motion would be to uh make sure the easements and are worked out and include a maintenance agreement per John's request. I'll second.

Okay, motion has been seconded. Um, any further discussion? All right, call the vote. Commissioner Hernandez, I. Commissioner Armstrong, I. Commissioner Nurgard. Hi, Commissioner Lynch. Hi. All right. Motion was unanimous. Thank you. Yep. Thank you guys. Good luck with everything. Thank you. All right. Thank you.

All right. Go ahead and call the roll, Don. Let me get this off of here. There's John. I can't even move that. Commissioner Hernandez, hi. Commissioner Commissioner Armstrong here. Commissioner Negard here. Commissioner Lynch here. Additional discussion. You guys got anything? I don't have anything. Um I did did notify the public on Tuesday. Um, two maybe three of our applicants have received um, scam emails and invoices.

Two from the county commissioners and one from the city of Cortez. Um, oh, a timer. And, uh, just to make the public aware that all of our invoices come with our um, phone number to our office. Um, none of these emails they had uh I think they were wire US dollars, no phone number. So, we pretty much spell out everything um that the applicants can be expected. So, if they get these erroneous spam emails, they just need to uh contact us but don't make any payments obviously. And you've probably heard the commissioners talking about blight There's no definition for blight. We're pretty much where we were 30 years ago when they couldn't decide trash or treasure and property rights prevail. So, I'm not sure where where or how they're going to address it. Um, there's really not much we can do at this point. If they do want to pursue something, it's probably ground zero and work up from there. as in with the comp plan. And from what I understand, I don't know all the uh the legalities, but it kind of sounds like everything we do at the point we do all the public hearings, the meetings, the comp plan, the land use code, come up with an ordinance. what exists now is kind of grandfathered in and we start with enforcement from there. But I mean, the county has no money for enforcement. So, I I don't know what the commissioners

are going to come up with, but I don't see this really going anywhere. This comes around every two or three years. We try and educate the public to clean it up so they're not in trouble. Um, some listen, some don't. What has the attorney said which way it should be handled whether it should be handled in the land use code or should be handled by a an ordinance or a or resolution or anything?

It would have to start with the comp plan because a land use code is based off the comp plan and an ordinance would be based off of both. But until there's some enforcement mechanism that it all be for not again. Wow. We notify them. The land use code has provisions that you can't you can't collect other people's trash. You can't just throw your trash

out where it blows around. You can burn it, but it has to be within a container, not just in a big mound out in your field. But um if it doesn't uh really deal with with uh OWTS septic systems through the health department, um the mechanism for true enforcement really doesn't exist. our land use code really isn't that prescriptive, that um I guess progovernment, for lack of a better term, that uh it's just nothing's ever been geared that way. So, it's kind of hard just to throw something out there now. Well, I guess we'll just wait on the county commissioners to make a decision as to whether or not they want us to do something. Okay.

Yeah, I'm sure there will be some discussions on it, but um we should start with like what the objective criteria is for defining blight or [laughter] whatever. Oh, yeah. You'd have to you'd have to start at ground zero and come up with a definition that has absolutely no subjectivity to it. Exactly. Or Yeah. Or you will never have a path forward. We we've all seen it. You know, there's places [cough] around here, [clears throat] you know, that Oh, it's pretty obvious. You look at it, it's like, oh, that needs cleaned up. Yeah, it needs cleaned up. And that's how you write that down. A lot of money. Yeah.

Yeah. and what's junk to them might not be junk to us on. And and you know, you've you've been on it and the attorneys have been on it and sometimes that it comes to fruition. Sometimes I'm sure it doesn't. But the the the county has the ability to to put leans on the property. Um and that's always a scary thing to a property owner or it should be because if there's a lean on his property, that means he can't dispose of it. He can't sell it. can't transfer title. Right. Right. But if it gets to the point where the uh county puts a lean on it and ends up owning it, we own the pile of trash and the health hazard.

Well, that's true. But then you got a piece of property that you can disperse them. You Yeah, I've seen try to recoup your money.

I've seen quite a few pieces of property around here that you wouldn't recoup your money. there's so much trash on it that it would cost way more to dispose of it than it would to, you know, not dispose of it. I mean, I get it, but yeah, that's kind of a catch 23. Unless it goes through the whole court right now and you can define and defend that their property does not meet the land use code and gets fined um by a court, then filing the lean on the property is way down the line. That would be at the point where your fines would come close to the value of the property after you paid for cleanup. So, you're talking years

is um didn't like a couple years ago you guys have like a program where you were helping offset some costs for people. Yeah, a couple years ago we did a voucher system that uh and I don't remember how the vouchers were obtained. Um, I think it was set up through the through the fairgrounds um through our economic development coordinator. Um, because the landfill is an enterprise fund, somebody's got to pay them.

Yeah. So that would would have to come through a fund through the commissioners um to cover those tipping fees and then allow for the county um community to uh take care some of their waste.

Do you know if like yeah I mean being a couple years out did they actually expend all the funds that were available? Did enough people come in and use that? I don't I don't think all the vouchers were were issued and I don't think all the vouchers were claimed. Um the other half of that is probably 20% of this are mobile homes that need to be destroyed, disposed of, and you can't just haul those around. And our landfill can't take 800 mobile homes.

Right. Right. Right. They will they will take mobile homes and they will crush them and dispose of them. But um yeah, you get I mean it's just a lot of moving parts and we can't put equipment and dumpsters on everybody's property. And if they have no way to transport it to the landfill, then again, we're still in that situation where it's unfortunately once it starts collecting, it kind of keeps collecting until we can get a hold of them. But if they don't if they don't accept a certified letter, then

you're kind of just out there. Yep. Yep. Well, I guess we'll just hold on tight and maybe if they decide to move the thing forward, maybe they reenact that program to some degree just to incentivize people to do it. Yeah, that's that's the that's going to be the the outreach, I believe, is try to incentivize people to uh have a little respect for their property or whatever property they're renting. And I mean, just take take some time, clean stuff up. Don't just throw it in the yard.

Yeah. As property changes from from parent to to child, that might happen, right? That's a good point. And I don't know, the the economy turns around a little bit. It goes through cycles and people out in the county actually do make changes to to the property. So, it doesn't always stay bad once it gets bad, but um it's it's just a long process. Yeah. Okay. Um and you got something, John? Yeah, I got one more. Don, what's happening with that uh uh Maverick gas station out there? 141.

Uh, it's sitting there out of the water and collecting dust. Yes, I uh I contacted C DOT's state access permit guy or I left him a couple messages. He never called me back. So, I emailed Maverick's engineer. He uh got back to me Monday. C DOT did finally issue them an a driveway access permit, but at the point they uh they issued that Oh, I think John's great gone now. [laughter] Yeah, you ran out. Yeah, you ran out. Yeah, you ran out of

I think you've been timed out, John. Anyway, for the public, um, the permit was issued, but it was too late in the construction season, and as soon as they can get coordinated, they will get that access put in. They're ready to open, aren't they? I mean, Oh, yeah. It was It was ready the end of May. Yeah, that's what I was thinking. May. Yeah, last May. They found out they didn't have state access. Time flies. and they had an approved traffic plan through Cedot when we approved Yeah. that that high impact permit in 2023. Wow.

So, yeah, it's not the county's fault. No, county didn't do that one. That's right. Okay, you guys got anything? All right, we'll take a motion to adjurnn. John just moved to adjurnn. Okay, great. [laughter] I'll second. All right, meetingjourn. Thanks for coming, guys. Thank you. Turn this off.