Planning Commission - Regular Meeting

at the end of this building on the second floor. Good evening, ladies and gentlemen, and welcome to the uh Tula County Planning and Zoning Commission meeting held in the Tula County building in the council chambers. Uh our first order of business will be the pledge of allegiance by none other than the famous Councilman Kendall Thomas. I pledge algiance 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. Thank you. All right,

someone's here. Hope everybody had a great Labor Day weekend. Um, the next order of business is the roll call. So, just for reference, nobody online, correct? Correct. Awesome. So, Commissioner Beckram. I mean, you got it right. Yeah. Scott here. Commissioner Alder here and Commissioner Mitch here. Commissioner Hog is here and Commissioner St. Bartholomew is here. Yes. Wow. Impeccable time. The uh the next uh

the next order of business is a reading not sorry I guess the approval of the minutes for the last scheduled meeting which was August 6th. Any questions concerns corrections complaints? I heard a motion to approve. So there's a motion to approve. Second. So that's great. A motion approved by Commissioner Beckum. A motion to or a second by Commissioner Scott. Any further discussion? All those say I. I.

All right. Thank you. Passes unanimously. Um our next order of business is uh from our one and only Trish and she's going to do a uh an AMD sub2025-073.

Yeah. Um so Trisha Clo uh presenting this amended sub. So the property owner Christian Junk is just requesting that the uh public utility easements be adjusted. Um and as you can see with the new plat, this is just the requirement that they have to go through for this any vacation of easements or changing them if they're in a subdivision. So, um he just wants to get those reduced so that he can get a pool in that doesn't um encroach on any easement. So, um he has provided a letter from all the utility companies in the area as well as SPID and then he just needs the county approval.

Cool. Um any questions for Trish? So, just a point of clarification. Um, I'm not seeing on this or the next item a public um the next one should have a public hearing. This one does not because it's just an internal lot change. You don't need a public hearing. No, I understand. I'm saying on the agenda, it's on either just FYI. So, that's why I don't care. Just making sure you know. So, if there's no public hearing then on this one. Awesome. And there's no questions. Uh, commissioners, any any comments?

To me, it seems pretty straightforward request. It does. What So, what's there? No utilities. This is just like an open space and we're reducing it. It's just our backyard. So yeah, the the utilities I believe were 7 and 1/2 ft. And why did my mic go out? Sorry. Uh the utilities were 7 and 1/2 ft. Um and around the entire property and that's for a lot of those lots around there. Okay.

Most of the time now we only require the front of the lots. So um a lot of these peees on the sides or backs are useless anyway. So go through the process to reduce those. I just appreciate being compliant. That's I mean formally that's pretty cool, right? And I wasn't for some reason I wasn't looking at the one law. I thought it was the whole subdivision. We were just the one. Yeah. Gotcha. No wonder it didn't make sense the several times they're at this. Okay. Cool. I'm up to speed.

Wonderful. Uh any further comments? If not, I will be Mr. Chairman. Um, I recommend or I make a motion that we grant approval to the um would it be to the Stansbury Place PUB phase 3 amended subdivision? Okay. For AMD sub SUB 2025-073. Great. It's a motion that we grant approval. Recommendation. It says motion to grant approval on staff resation. It should be just to approve it.

Yeah. Sorry. No, that's okay. So, the motion is that we motion to grant approval for AMD's SUV 2025- 2073. Excuse me. Is there a second? I'll second. I'll go ahead. Go ahead. All right. Commissioner Mitchell, what you have on? So, it's been motioned and second. Any further discussion? Seeing none, all those in favor? No. We have to roll call. Or do we? Yeah. Roll call. So, uh, Commissioner Bum, yes. Commissioner Scott, yes. Commissioner Bartholomew, yes. Commissioner Alder, yes. And Commissioner Mitchell, yes.

And Commissioner Hog is a yes. Thank you. It passes unanimously. The next order of business on the agenda is conditional use permits. uh COP 2025-104, Trish.

Um yeah, so this is a conditional use permit for some private roads so that the owner can um eventually build on some lots. Um they their overall vision is to split it into four pieces, share it with family, and then build on two of them. So in order for that to happen, they have to have legal access. Um, and if you look at our county maps, Echer Road or Echer Lane ends right there at their property. Um, so they're just requesting that a 30-foot road on their side. Uh, so that they can access and then into the internal lots so that they can eventually have road access to all four lots when they decide to subdivide it. Uh, whenever that maybe. So, um, they're just planning for the future.

So, they just have to get the cup recorded so that that gives the the roads a name. We can rec record record the road maintenance agreement on top of that with the easement that has been recorded so that we can track addressing and stuff like that. So, that's why we do it as a conditional use permit for private roads. That's great. Thank you. Um, is there any questions for Trish?

I know it's just conditional you saw just at the start. Um, how many other homes are on that Echer Lane that go down there and does it dead end? Um, I don't believe there are homes further west of that. Um there are some on the actual where the county road I don't know if we're kind of show you the maps but if um no you're good. I was trying to get anyway. So yeah there are some up to that point at least and then but I didn't look like way I was just thinking looking longterm in the access for

Yeah. So the plan is and I I do have to give it to the property owners is that they did plan for Echer Road to continue through eventually. So that's why they agreed to a 30ft easement when only their requirement could have been 26, right? So that the next property owner would cover the other 30 ft to make it 60 foot right away all the way through. So yeah, they did plan. Thank you. Thank you. Any other questions? package ahead of time. Awesome.

Well, if there's no other questions then uh public I would love to receive a motion accept that motion. We have to have Yeah. Okay. Sorry, I thought you corrected and said there was none on both. No, just on that first one. Okay. So then I'll take not the first time you did post that online. Okay. So uh we'll open public hearing. Okay. So if there's anybody in the audience that would like to speak to this uh item agenda agenda item set up backwards. Um please come forward and do so. State your name where you live. Sign the paper please.

Um my name is Dave Gallins and I live on Eer Lane. Um, and I own property at the um, to get to my property, you have to go down the road that's currently with that private lane that's currently in question. And so, um, I came because I I got the letter about this hearing. And my my question is, if this conditional use permit is granted, will it allow them to um, gate the lane or will I still have be able to maintain my access? That's the only access I have to that 80 acres at the end of that. So, Eerlane dead ends at their property, but there's there has been for decades a dirt road that ran down and ended at my gate. And I drive livestock up and down there. So, do the echors who own the property beyond mine. So, I just want to make sure that we can maintain our access to our property. Is that going is this going to impact our access? We'll address it after the hearing.

Okay. We'll discuss it. Okay. So, that's that's my biggest concern with this. I don't have an issue with the upgrades they want to make on the road. I don't have an issue with them building on their lots. None of that. I just want to make sure I have um the access that I've always had on that property. Sure. So, thank you. Okay. Anybody else? Oh, you are a citizen. You can speak. Okay. If there's none, then uh I'll close public hearing. Thank you, by the way. So, I would love to have you address this question. I think I read on it, but I'll let you answer first.

Um yeah, he brought out some good points and so I kind of looked through the paperwork and stuff. So, the easement that the paperwork that they provided, um I don't know if there was an easement beforehand. I'm guessing not. Uh because the property owners recorded the easement right before they applied for the cup. So, I'm not sure what else that area brings. But with that legal description of um of the easement, it doesn't say like in favor of lots. It doesn't say, make sure it's in there. Uh, as part of a parcel. Um, so it doesn't give any ownership to it really. It's just an easement. Um, so we could put a condition on the cup is that it remains open,

right, for others to access access to that area. Yeah. So you can put that condition on there. Um well, didn't you mention um recording that of the county road? Um eventually when development comes through uh like further down or on the other side, uh we would like them to dedicate that to the county and the county would kind of slowly improve that and then take ownership of it. But at this point, we're not ready to because the other thing on the map I noticed on the other map continued on. So that maybe look like it was already a public access road.

Um just Yeah, it's it it could be just because they used that. So it looks like a trail or a road, but that has presence, right? Um, no. As a prescriptive as a prescriptive use, um, it could, uh, but the minute like anybody could come and close this off at any time. Yeah. Um, so with the actual recorded easement saying this is an access. Yeah. So, and I don't see anything on that access easement that's saying in favor of lots or as part of a lot or it's just saying an access ement. So, Trish, are they going to need to do a subdivision?

Um, they'll when they're ready to start building, they'll do a subdivision to create at least the two lots up top. I don't know if I mean they the survey provided is they're forward thinking of it. It they don't exist right there right now. So, when they're ready to build, they'll subdivide it, but not right now. So verbiage. So verbiage could as a condition we could use something as the verbiage goes that um a condition of grant approval is um Eert Eert Lane

remain open as an easement and public access. I hate to say from being in the sensible basic because on the map it looks already there but how do we verb properly verbage that as a condition that it remains open for public access. Okay. Yeah. Perfect. Okay. So we don't have to worry about length or anything else. Just remains open for public access. Perfect. Okay. Good. That's easy. Thank you. Is the applicant here? No. I don't I didn't see if they're online or not. Okay. I think that solves a I know from my experience not always like it's only a road. Does it make sense to you?

Well, and like I said, the property owner planned for the county to eventually take that over. That's their overall expecting. Yeah, that's easy. Yeah. And then if they wanted to close off the dragonfly, the north and south road, they could still do that. So the Echer Lane park can just stay open for public. So I'm good. Mhm. Any other questions? Cool. Then I would be happy to receive a motion. Sorry.

Or accept I going to say receive accept a motion. Are we recommending this to the county council? No. Okay. Mr. Chairman, I make the motion that we grant approval for conditional use 2025-104 with the amendment that Echer Lane remain um open to the public for access. Oh yeah,

second. So, it's been moved by Commissioner Scott that we uh made a motion for granting approval for uh CUP 2025-104 with the condition that the Earl Lane easement remain open as public access. It's been seconded by Commissioner Mitchell. Is that right? Uh any further discussion? I'm sorry. Sorry. I had one condition. I don't know if it's So, there will be two conditions. So on the staff report it says the staff records the attachment on the access easement stating it's private road been approved through the cup along with the road maintenance agreement just to make sure yeah we forgot to say as stated. So the first the first condition as stated in the S report, correct?

The second condition as uh Commissioner Scott, Commissioner Mitchell has stated. Yeah. Is that acceptable? Yeah. Okay. Um any further discussion? Seeing none, we'll do a roll call vote. Commissioner Beex, yes. Commissioner Scott, yes. Commissioner Hope is a yes. Commissioner Bartholomew, yes. Commissioner Alder, yes. and Commissioner Mitchell. Yes.

Um, thank you. That is an anonymous. That's not That's unanimous. I've had a long day of funerals. I appl been a rough day. Um, before we adjourn, I want just to publicly thank the county attorney uh for showing up. I appreciate that. Uh, Councilman, um, only a deputy, what's that? Only a deputy.

My book. It's all right. Um, and, uh, Council Kendall, thank you. You always show up. It's awesome. So many people come to these meetings. It's just so awesome to be in this room, but it's nice to know that some people do uh, come support us. So, I just wanted to say that not any importance, but I still think it's cool. But Trish and uh, and Michelle, I would say Rachel, Michelle, thank you. You guys are amazing. I appreciate it. So, that's it. Uh, good job. Thank you, sir. Say that. Where you going, where you going? Is that why you look so good? You mean always look bad?

And I got the recording. I'm still going. She looks great. I mean, just she's so happy. She's like, I'm out of here. first on this today. Where are you going? We'll see you at our next rodeo. Sounds good. Oh, he's an electrician.