P&z Meeting - Regular Meeting

Okay, we're going to get this started. Welcome to the regularly scheduled meeting of the Mon of the Monizuma County Planning and Zoning Commission. It's being held at the Commissioner's Meeting Room in the Monizuma County Administrative offices, 109 West Maine, room 250, Cortez, Colorado. We're going to open with pledge of allegiance and a moment of silence. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

[clears throat] Okay. Oops.

Should we have roll call first? Commissioner Hernandez here. Commissioner Saunders here. Commissioner Armstrong here. Commissioner Negard here. Commissioner Lynch here. Uh, absent is Mike Doyle and also present is Don Haley and Jane Duncan of the county planning department. Okay. Please silence your cell phones during the meeting. Important calls can be taken outside in the foyer. Um, has the planning and zoning commission commissioners reviewed the the November meeting minutes?

Yes. Okay, I'll entertain a motion for approval or disapproval. I'll make a motion to approve the planning and zoning minutes for November 13th PNZ meeting. Okay, we have a motion and a second. We'll call for the vote. Commissioner Hernandez, I. Commissioner Saunders, abstain. Commissioner Armstrong, I. Commissioner Nargard, I. Commissioner Lynch abstain.

Okay, we have a three to two. It's passed. Okay, Jane, can you let us know what our the procedure now for the uh Don was Don would do it for the for the voting for the discussion on Yeah. discussion for uh this year for the chair and vice chair. So at the beginning of it each year calendar year correct? Okay everybody get that we have to vote for chair and vice chair

right now. right now. Before we start Oh, we start. Yeah. You want to do it again? Yeah. For one more year. Okay. I nominate John Hernandez. Okay. We have a nomination. For chair. You what? Okay. John for chair. And we need a nomination for vice chair. Haley, do you want to do it? Okay. Okay. Do you want it? [laughter] Not necessarily. I'll do it if you don't want to do it. But

we're so much better at these things. I think you want to do it. I nominate Jason Armstrong for vice chair. That's all we needed. Yeah, that works. Trickery. Okay. Do we need a second? I'll second it. Okay, we have I know we have a [clears throat] second for John. Haley did [clears throat]

I'll back you up if we need a vote. We need a vote. Okay, we'll vote on both of them at the same time. Sure. Okay. Unless Unless somebody's against and want to do it separate. All right. One one vote for both. Okay. We're going to vote for um myself as chair and Jason is the vice chair. Vice chair. Okay. Call for the vote. Commissioner Hernandez. Hi. Commissioner Saunders. I. Commissioner Armstrong. Hi. Commissioner Nurggard. Hi. Commissioner Lynch. Hi. Okay. That that business is taken care of.

Excellent. Okay. Okay, moving along. The Monizuma County Planning Commission welcomes you to this meeting. This board is comprised of members who are tasked to make recommendations to the board of county commissioners who are not the decision makers. We encourage public comment after each permit. Person 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. State your name and address for the record prior to providing your comments. Comments to individual applicants are not permitted and participants may not yield their time to others. I will be voting tonight. Roll call, please.

Commissioner Hernandez, here. Commissioner Saunders, here. Commissioner Armstrong, here. Commissioner Negard, here. Commissioner Lynch, here.

Okay. Number one notice is hereby given that the Monizuma County Planning and Zoning Commission will hold a public hearing for the purposes for the purpose of reviewing and determining recommendations to be made to the county board of commissioners regarding a proposed high impact permit application submitted by Countrystyle Investments LLC agent Kevin Rice on property located at 7500 Highway 160-4. 491, Cortez, Colorado, consisting of 9.60 acres, more or less, east of Highway 160-491, north of Road G3, situated in section 3, Township 35 North, range 16 west of the New Mexico Climb 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. Do we have the applicant here, sir? Come on down, please.

Either one. No, right there. Yeah. Front row. Front row. [clears throat] You'll need to turn that mic on, Kevin. Okay. Can we have planning and department findings, please, Jen?

Uh, sure. Um, there there is an existing storage unit business on this property. Um, they are um actually coming here to amend the high impact permit that is on the property already to um include the newest building on the east side of the property. Um, we have non-opposition letter uh, yeah, non-oposition letters signed by the southern, uh, neighbor and the eastern neighbor. Um, we also have had um, comment from the city of Cortez because this is within the city of Cortez's onem zone of influence. Uh, the city of Cortez planning department has no concerns with this application. Um and uh while there is no current plans to build additional structures on this property per this application, it should be noted that uh the property is directly adjacent to the city of Cortez owned property to the east. So any new structures added to the existing use should maintain the required setback for the uh current AR3 to9 zoning for that uh property of the Cortez uh city. Um the um properties around the this property um the land use in the immediate area is very diverse. Um uses consist of heavy industrial, light industrial, commercial and residential. There is very little agricultural uses in this area. Um and uh the access to this property is

directly off of Highway 160491 and is under the jurisdiction of C DOT. C DOT stated uh the proposed change um will not increase the current permitted use by any uh by 20%. Therefore, C dot has no comment on this project. CD dot recommends that if there are any future developments that increase traffic volumes, a new access permit application would need to be submitted. Um the infrastructure for utilities is already in place. Um and basically that is it.

Okay. Thank you. You have anything to add to that? Oh, she said everything I think. Okay. Okay. Any commissioners discussion, comments? Um, my comment is, uh, your new building at the back of the property, um, isn't it encroaching on the the boundary? It is. Yeah. Okay.

Yeah. So, we had the two two form signed. Um, we went 25 ft because the rule was either 20T for for residential or 30 feet for for nonresidential. Or did I flip that around? Flip that around. 30 feet for residential. Um 20 feet for non-residential. So being that it was vacant ground, thought it was uh good. So I I held it back five feet thinking I was good on the 20 ft and come to find out both of those were residential. So which clearly they're not. But but yes, I screwed that up. And so I got non-compete or non whatever you call it on the

non opposition. Non- opposition. Thank you. Um on both of the neighbors, Danny Glenn and and the city of Cortez on that corner for that 5t variance. Okay. Um so how does that fit into the land use code? That I don't understand that for you. What's that? How does that fit into the land use code when we just get a letter of none or so part of the application is for a reduced setback for those two properties. That's part of the high impact permit application amendment. Okay. Is for the building itself and then also to exceed the uh the setbacks

setback threshold. Okay. And with the non-opposition letters from the U affected residences, that means that um they are not opposed to that building being that closed. Okay, that's my only questions.

Anyone else? So on on uh number 11, the traffic um in the application it says yes uh the 15 vehicle round trips will be exceeded but I don't read anywhere in here where there's an estimate of how many round trips there will be. So it's going to be exceeded by how much?

Uh we didn't have to do any of the counts or anything because of seed do because of the 20% rule. Um, but it it's a I mean, if I had to say, I mean, it's going to increase it by a count a day, two counts a day. I mean, it's not it's going to be used as a shop and storage. So, so it's basically doing everything that we were already doing in the front building. [snorts] So, so it's not necessarily increasing it at this point. um future process maybe. But

um Don, uh my copy of the last page of the permit got cut off at the top. Could is it shown? Can you show us on the computer what that looks like? I'd like to read what that is because I don't remember. It's number 14. Uh question 14 in the permit farther up. Oh yeah. Uh right. See how it's See how it's cut off between 13 and 15? There's some text missing. Do you know what that is? 14. I'll have to look it up here. Hang on. Okay.

That has to do with um if there is a copy of a uh driveway permit from the from the county. If you read you read that where it says this property is accessed directly from highway 14 uh 160491 that means that it's this is for the question 14 is for uh county road driveway permit. Well so is 15 right? 15. Oh, yes. Well, so I I don't

I was kind of confused. Oh, there we go. There's There it is. Copy of copy of the driveway access permit. Yes. Okay. Yeah. So, the body the body of 14 is is there above 15. It's just missing that first line apparently. Yeah. Okay. Thank you, page. Anything else? Okay, we're going to open this up to a public comment. Anyone wish you to speak for or against, please come to the podium.

[clears throat] Are you ready? Turn on the microphone for us. Thank you. Name and name and address. Okay. Uh Howard came address 2302 South Broadway. um a little more pertinent just a neighbor to uh Kevin Rice and his business. Um as long as he's owned the business, as far as I know, we've been very good neighbors. Yep.

Um I see it uh very much since he's purchased the business, a very growing uh enterprise. Um I like to see growth in the county. It uh sure pays uh the coffers of the sales tax. So appreciate that. does employment. Um, I guess I a little bit at a loss because I don't understand very much about the planning and zoning, but is this is this an application for what? A high impact or does he have an eye impact and now that he's added some buildings or structures to it, he's got to come get it renewed? I don't quite understand what's happening. I mean, what the purpose is.

Yeah, exactly that. We we have Oh, hold on. Hold on. We'll answer. Yeah, there is a high impact. There is a high impact already in place. This is an an amendment to it for the building, right, Don? For the building, correct? For the building that's on the far east of the property. Yeah. building. If you increase the uh use of the property by more than 10% of the high impact permit in place, you have to amend that high impact permit.

So, so basically that new building exceeds 10% of what the other buildings are. just I mean I guess that's kind of small potatoes as far as I'm concerned in this whole process. However, u so um anyway I'd like to correct uh the fact that uh they said there's no agricultural use basically surrounding the area. Um I just north we have the land just north of that. Uh, I do have a prairie dog farm. [laughter]

Try try removing some of those animals [laughter] if you want to develop. I tell you, they're highly protected little rodents. Prolific.

Anyway, so anyway, I'm not here to oppose it at all. In fact, I'm here to encourage it. I was just uh kind of perplexed. I mean, I guess uh I kind of get my hackles up sometimes when we have government overreach and uh so much tape and regulations uh for for a business to grow and proceed and provide for the county. So, I'm just here in just kind of a little bit of a didn't see the need if it's already high impact why it needed another high impact issue. and uh I wholly 100% wholly support your growth and I hope you added 10 more buildings. Okay. Thank you.

Thank you. Thank you.

Anyone else? Okay, we're going to close public comment, bring it back to the commissioners. So, um, my understanding was that that storage building is not the only reason for the for the permit. At least it's described in the paragraph under three. Um, that there was an existing storage unit based on the property and an 10 11 to8 PNZ meeting. The approval for used car sales and yard sales was complete. However, the proposal for addition of tractor, trailer, and campers was not included to be brought forward to the BOCC meeting. Therefore, was not approved. This omitted portion will now need to be included for this amendment application. So, um I was under the impression that more than just matter of fact, the storage building I was not even aware that that was part of this application. Um, I couldn't tell when it when it happened, but anyway, I just wanted to point out that it looks like more than just the storage building is included in this permit.

Right. So, so this all started with a letter permit because it existed prior to the land use code in 2018 when it went through two two uh amendments. All of that language did not get transferred well and there was never any documents created or recorded. So it's all just through applications. So we will create an actual high impact permit with all the information. So, um, so at the last meeting, PNZ recommended that the tractor and, um, trailer sales be included. For some reason, that didn't get relayed on to the BOCC. So, that particular language was not included in their motion and their approval. So, we're bringing that in along with that. Um, basically I don't know how much um RV sales but um bumper pull trailers and tractors are are uh part of the operation along with uh I believe some four-wheelers but that's that's what happened in the course of that.

So the basically the ultimate goal of this is uh to bring the property back into compliance with a county land use code, right? And we're trying to capture all the different aspects that Yeah. that went through in 2018 and nothing got documented. Yeah.

Okay. I'll entertain a motion. I will make a motion to recommend to the board of county commissioners to approve a proposed high impact permit application submit sub submitted by countrystyle investments LLC agent Kevin Rice based on the following. The proposed use is in conformity with the code. The proposed use shall not generate any significant adverse impacts on other property in the area and public utilities and services are available or can be made available to support uses consistent with the proposed zoning. and I have no conditions. We have a second. I'll second. Okay, we have a motion and a second. Any further discussion? We'll call for the vote.

Commissioner Hernandez, I. Commissioner Saunders, I. Commissioner Armstrong, I. Commissioner Negard, I. Commissioner Lynch. Hi. Okay. The motion carried was unanimous. Good luck. Thank you. I'll be in touch with Kevin. Sounds good. Appreciate you guys. Thanks.

Thank you all for your support.

Okay. Can we have roll call? Commissioner Hernandez here. Commissioner Saunders here. Commissioner Armstrong here. Commissioner Negard here. Commissioner Lynch here.

Okay. Number two. Notice 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 Supervisors regarding proposed subdivision amendment and boundary line adjustment application of the Royce subdivision submitted by Kevin Kesler and Lesie Patida and Linda Drake on property located at 16333 and 6535 road 30 in Dolores, Colorado, consisting of 5.03 and 19.56 acres more or less. Both located south of Highway 184, west of Road 30, situated in section 21, Township 37 North, range 15 west of the New Mexico Prime Meridian. This is a public hearing. Was a public notice published?

Yes, sir. Was was evidence of letters to the adjoining neighbors and mineral owners submitted? Yes, sir. Was the sign posted? Yes, it was. Okay. We have the applicants. Come on down. That's up to you. There's three chairs. But I'll get you to turn that mic on though for sure. Do you have headphones for someone to listen? We do not. I'll let her know. Okay. Okay. Planning department findings, please. I can hear you talking, but I can't hear what you're saying.

What's that? Oh, planning.

Okay. Um both applicants are um in agreement to um uh do a boundary line adjustment or a common lot line change within this subdivision. Um the boundary line will be changed for the north property line. um for the 16333 property. Um no, yeah, actually [clears throat] um to give approximately 4 acres um and that would reduce the northern property by 4 acres. Um this would be to reduce the size of the horse pasture and transfer it to um the Kler property for beneficial agricultural uses. Um the surrounding properties consist of residential and agricultural uses along with excuse me [clears throat] along with historical and industrial uses in the immediate area. Um the access for both properties currently is off of road 30 and no new access is being sought at this time. All the infrastructure is in place for both properties. Um and that's basically it.

Okay. You anything to add to that? I think that sums it up pretty succinctly. Okay. Sounds good. Okay. Commissioners discussion comments. Um Don did I didn't get a um a before and after plat uh in my packet. I'm wondering if you have something on online that you can show where that acreage is being because it I got the impression it was on the north end and that didn't make sense to me. Oh, this this the south end of the D property right here

will be connected to the Kler Patita property here. Oh, okay. Well, now I see why you have the benefit of expanding this. On ours, it's an 8 and 1 half by 11 of this, which was originally probably 2 feet by 3 feet. And so, and so the the printing wasn't the printing 8 and 1 half by 11. The printing is about as big as the ballpoint on my pen, which I cannot read. Magnify glass here. I'll I'll show you in in real time here. He has a benefit of Yeah, it's gonna go up like that. Mhm. There you go. Yeah.

Yeah. So, that'll be the Quit drawing. Yeah. So that's more or less the line. This will be conveyed to the Kler property. Okay. So it wasn't at the north end of the Drake property. It was the north property. Correct. Yeah. Okay. Right. So they're they're just obtaining this this pasture area to their their parcel. Yeah. Okay. That makes perfect sense. Both lots are in this in the subdivision. So it's basically a boundary line adjustment, but it's amending the subdivision. Yeah. Thank you. Ker will gain four acres and Drake will lose four acres. Correct.

Okay. Okay. Anything else? Anybody? Okay. We're going to open it to public comment because we have to seeing no public comment then or hearing any. We'll close it and bring it back to the commissioners for discussion or recommendation. I have a another question, a process question, Don. Um, with something with an application that is this straightforward and simple, there's no complications whatsoever, is it ne why is it necessary to come before planning and zoning commission? Why why couldn't something that is this simple and easy to decide be done in your department rather than to bring it before the commission and then the BOCC?

Because anytime a subdivision's created through state statute, it has to be amended per the same steps and process as statute. So it's amending a subdivision goes through the subdivision process. Okay. If if both properties were just outside subdivisions [clears throat] on their own, it goes straight to the commissioners and they just review it directly. Okay. But no, planning doesn't get to summarily make any decisions on land conveyance.

All right. Thank you. I'll make a motion to recommend to the board of county commissioners to approve a proposed subdivision amendment and boundary line adjustment application of the Roy subdivision submitted by Kevin Kistler and and Leslie sorry and Linda Dake okay and Linda Dake based on the following the proposed use is in conformity with the code 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.

I'll second. Okay. We [clears throat] have a motion and a second. No further discussion on this. We'll call for a vote. Commissioner Hernandez. I. Commissioner Saunders. I. Commissioner Armstrong. Hi. Commissioner Neargard. I, Commissioner Lynch. I Okay, motion carried. It was unanimous. Good luck. Excellent. Thank you, Commissioner. With you, Kevin. Perfect. Thank you.

Okay, we have roll call done. Commissioner Hernandez here. Commissioner Saunders here. Commissioner Armstrong here. Commissioner Negard here. Commissioner Lynch here. Okay. Additional discussions to be determined. What do you have for us? Huh? I do not have anything on my list. Great. We took care of the chair and vice chair for the year. Um, Commissioner Lynch and Commissioner Neargard were both reappointed for three-year terms to the PNZ board. Um, John and Haley will be up the end of this year. I put a calendar reminder to remember to deal with this. Yeah.

The first part of December. Got a call about two days. Not on the 31st when the administrator says, "Hey, these these guys' terms expired." Yeah. When everybody's gone. Yeah. [laughter] Okay. Good idea.

So, um yeah, if if you guys are looking or considering changes on getting off the board, if you would just give us notice. Um right now we have an alternate so so he could be um put into a regular position if if one of you are wanting to step down but um if more than one or the alternate leaves then we have to post it we have to get applications we have to do interviews so then it's more of a lengthy process. Got it. Okay. But no, I'm glad glad to have all of you back and and still on the board.

Okay, I'll make a motion to adjurnn. Motion and second and a second. You second 35