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Commission zoning meeting for Tuesday, October 7, will now come to order. We'll begin with a silent invocation

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and pledge of allegiance led by our county manager, Tom Sedott.

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Okay, so we have, are there any additions

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or changes to the consent agenda of NELCHA? Madam Trick, missioners, there are no changes to the agenda.

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Also on a note that Commissioner Wayne Johnson is excused, so we'll go to item two, which is the approval of the minutes.

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I move to approve the September 2nd, zoning meeting minutes.

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The motion in the second to approve the minutes, all those in favor say aye.

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Aye, aye.

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I'll oppose say no.

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The motion carries.

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Go next to the consent agenda.

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And we will approve a lot of the consent agenda.

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This motion in a second, like Mr. Delacruz.

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It's simple to move the consent agenda.

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All those in favor say aye.

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I also say no, the motion carries.

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OK.

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This is next item.

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Four appeals.

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So I need to read this item.

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Mr. Audio.

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So this is just that section we discussed before the appeals

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or is it the entire, but not the appeals procedures are read then before, correct?

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Well, the, whoa, sorry about that.

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At the bottom of the, so it's either louder or quiet.

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I'm sorry.

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Okay.

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The, at the bottom of the page, read about what was I,

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Okay.

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Okay.

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Okay.

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Well, it's all.

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Okay, so I'm going to read this for all the appeals,

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because we're going to begin with a PLAC-0202014-0013 CSU-2014-0020.

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This is the PLA process, is a judicial proceeding.

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The Commission is to add, as judges of the particular facts

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concerning the parties before applying existing laws to the facts.

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The Commission is to basis decision only on the facts presented to it by the parties, and not on any facts

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supposed by it that makes this outside the proceedings.

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The Commission is to act with impartiality toward each party, applying the logic of facts without

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favoritism or bias for the mere desirability of a given result.

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A commissioner with a financial or family interest in the outcome of a quasi-judicial

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for sitting should disclose any potential conflict

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in accordance with these rules.

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And should, if necessary, recuse himself

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for herself from the proceedings.

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The Commission in rendering its decision

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should make a clear statement of what it believes

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to be relevant facts, and why those facts

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led to its decision.

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It's Commissioner Shalavoid,

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X-par, take communications with parties bringing cases

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before the Commission, however, such communications

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may occur.

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That occur, maybe cured by the

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possezer's, stated in rule number four.

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We'll begin with the staff's presentation.

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Good afternoon, Madam Chair, and members of the Commission.

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This is CO2, my name is Catherine Vorek, and I'm with

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Burnley O'County Planning, and this is CO2-014-0013,

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and CSU 201402020, Gordon H. Rowe, the third agent for Henry C. Doe III, appealed the

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County Planning Commission's recommendation of approval of the request for a special

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use permit for a specific use for an amusement enterprise event center and a private

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recreation area on track C, nature point community located at 30 nature point drive zone A2 with

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the conditional use for a private recreation area and containing 3.94 acres. Under the request,

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the applicant has been seeking to hold events for nonmembers, particularly weddings on

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property within the nature point community in the East Mountains and you may be able to

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see it on the screen. The parcel is outlined in red. Recreational and social events

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have been permitted for residents in the community's clubhouse and recreational area that

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was approved under the conditional use permit in 2004.

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The special use permit request poses continuation of the use in the existing facilities

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on the property with specific conditions that seek to limit the use and the impact on nearby

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and neighboring properties, such as limiting the number of weddings and the days and the

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hours of operation and limiting noise.

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Justification for the request has included ensuring stability and viability of the community

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in difficult economic times where many of the lots in the community have yet to be developed.

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since the request was first submitted in April of 2018.

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In 2014, there have been a number of discussions and meetings within the nature point community and with nearby residents and also with county staff.

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Efforts remain to try to reach an agreement about proposed conditions of approval that would make the use acceptable and quite a few letters of support and of opposition have been submitted for the record for the request and these are in your packet.

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At the August 6 hearing, the County Planning Commission concluded that the request is consistent

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with resolution 11686, and the rural area designation of the site, and also that there is

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substantial neighborhood support for the request as required by the county's own ordinance,

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and they recommended approval for a term of 15 years.

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However, a neighboring property owner has appealed a decision of the CPC.

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The appeal argues that the request is not consistent with resolution 11686, including

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that it seeks to generate revenue, and it is contrary to the residential character

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of the neighborhood, and also argues that it has negatively impacted adjacent properties.

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The applicant's agent has responded to the appeal and has stated that the appeal is not

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justified and the decision of the CPC should be upheld.

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Staff concludes by noting that the CPC recommended approval with 10 findings and 16 conditions

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as stated in the notice of decision, including that the request had substantial neighborhood

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support and is consistent with resolution on 1686 and with that commissioners I stand for questions.

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Thank you. I'm going to read the appeals procedures. We just have the staff presentation five minutes. Again,

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it's an appeal based on the evidence of record, ordinary note, new evidence will be accepted before the

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on a commission. However, in the event that new evidence or testimony is accepted, the

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clerks shall swear any witnesses who may testify concerning it. So we begin with staff

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presentation. Second, a Pellon's presentation, 10 minutes, a Pellon's presentation, 15 minutes,

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a Pellon's summation of rebuttal, five minutes, staff closure, two minutes, ward and discussion,

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board discussion and questions and an action. Please be aware that the time limits for each

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A balanced and opponents is a total time allowed regardless of the number of persons signed up to speak.

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So each side will need to decide how to divide the total minutes among the speakers.

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Maybe again, next is the Pellence presentation, 10 minutes.

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So we have

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several people signed up to see their students.

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Do you state your name please?

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Yes, Gordon Roe, agent for Octoia and his wife, Dr. Catherine Heinz.

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Okay, there's also a Jarvis Garrett also signed up to speak as well.

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Do we, okay.

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Thank you.

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Thank you, Chairman O'Malley, members of the Commission.

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There are four important issues that I think that I will try to quickly cover that really

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to facilitate in favor of this decision being reversed.

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The first part of that this board wants to look at is this is a 224-acre private residential

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community out in the East Mountains.

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It was created as private home sites and the thought of ever doing weddings was never part

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of the inception plan of this place.

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Unfortunately, my client lives directly adjacent to the clubhouse, which is the site of 54 weddings and 12 corporate events according to the decision below. That's what's been authorized.

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We're not here today to complain about being unreasonable or about being not being a good neighbor,

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but the bottom line is, is that my clients and their two twin sons, who are 12 years old up there,

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claimed Donald, have had repeated intrusions in noise, in vagrancy, in trespassing,

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in

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mechanism that was implemented to create revenue. And I know this commission is aware of

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the fact that economic factors cannot be a determining factor, but in this case, the only reason

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they're doing weddings out there is because they've got to raise money to solve the budget.

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That is not a proper way to do this. The other issue is, is that when they do have these weddings,

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There is a disparate impact on people that live by them.

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So certainly people come before you and say this is a great project because we live a mile down the road.

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We don't hear anything and therefore it keeps us from having to raise our dues.

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These weddings do.

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And therefore if Mr. Dewey and his wife are having some problems, that's just kind of too bad.

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And I don't think that's where we as a community and we as a commission and we as a zoning board are really, really want to be.

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The bottom line is that the conducting weddings is not necessary.

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The agreements and the way this concept was formed for this homeowner association says clearly and no one will dispute this.

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If you've got short falls and running the clubhouse, it's an assessment process.

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Everybody pays equally.

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Well, the problem with that is if we do the weddings right next to Mr. Dewey's house,

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then nobody has to pay evenly because that'll take care of things,

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but the problem is Mr. Dewey takes the fall for the other members in this community,

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and that's just simply not right.

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The other issue that I would say is that this is a dynamic issue as you, as a board, no

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working with neighborhoods and groups of people.

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We have had an opportunity and have had an arbitrator and a mediator.

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That's Chuck Fiverr, a local lawyer.

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The attorney for the Homeland Association and I have agreed that we could go to mediation with

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him quickly.

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We have dates in this month.

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This would be a situation to have a negotiated settlement where all people could get involved

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and have an accountability in the process.

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I requested staff of the opportunity to do contingencies.

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It was informed that from time to time you will continue to consider contingencies.

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I realize this is a bit unusual, but we're not just talking about some pipe-green of

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mediation we have a mediator and we have two dates in October that are available and we have a commitment from the homeowner's

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Association, and my clients to mediate this. This is really the best way to work this out. There's certainly

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does need to be a middle ground. No weddings, 100%, that's very tough. 52 weddings and 12 corporate

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events, that's also very tough. There's got to be something in the middle, and therefore

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We would say that the approval of a special use permit, which would allow that many weddings,

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is in error.

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It is based solely on economic criteria.

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The neighborhood is perfectly regulated and can raise assessments to support this thing by its dues and homeowner's assessments.

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and simply this is not a wedding business. This is a private community for families.

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I'll yield the rest of my time.

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Thank you. So you have a escorted row or Jarvis Garrett?

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Not going to speak right now. Let's see how much time do we have left.

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You have five minutes if either one would like to speak.

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Madam Chair, Madam Jarvis Garrett, I live about a half a mile down the road from nature point.

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I do have a couple of images or the attachments I'd like to square it in.

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I tried to get them in, I mailed them on the 29th, but they did get them into records.

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I'm happy to present it as it's here in the low.

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In part of the County Planning Commission.

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Okay. No, that's your ma.

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Okay, so we can make a motion to consider the, to look at the images.

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Are these like satellite images?

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Well, they're, they're satellite images and, uh,

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uh, broke pretty much real conditions of the passage we're going up to make your point.

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Okay, well, I'm not telling you that's real, uh,

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well, I believe it is relevant to the safety of the picture.

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I move that we be able to view the images

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in a second to view the images, all those

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of the neighbors say, I, I'll post, you know.

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Can they be zoomed in?

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Okay, I'm writing this letter not of opposition to the

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special use permit for the weddings or to limit them

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to one per week in allowing all those who live in the area

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and along the passageways, go on to nature point,

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the freedoms to live lifestyles they choose,

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rather than the curtailing their lifestyles and denying the freedoms of choice, and I'll

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accommodate a commercial wedding business, which has no benefits, financially or otherwise

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to those who live outside of Nature Point.

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The majority of the people who choose to live in the East Mountain do so as described

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him as rural character and to avoid the city type environment with its pollution traffic noise

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crying, large-scale city type wedding commercial business would be bringing and all those

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of mental city factors in dark blood, mountains, and evade our rural lifestyles as they already

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have. This map here is the location of the clubhouse. This is the location of the clubhouse.

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We have two passageways or access going to the clubhouse either on the dirt-sidial road and

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on the paved sea deal road up to the nature pipe. All those that the red and slash marks

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still are people that have voiced percent in letters and opposition of the special use

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permit and those in the dark question marks I couldn't never contact and then we have one neutral

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party that didn't matter either way. But the majority of the people who live on the passageway

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go on to the clubhouse or in opposition of the SUP.

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I did not include a lot of owners because a lot of owners are barely there.

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They don't live there on the day-to-day basis.

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And so their lives really are unaffected by it.

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When I go to the freedoms of choice and having to change our lifestyle,

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I work Monday to Friday, nine to five, regular job on the weekends

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is when we have our chances to enjoy the mountains, you know, whether it's either taken

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a walk or riding our horses or walking the dogs or just even hanging out on our porch.

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It's pretty hard,

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I don't know if it looks like that.

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This was at the bill?

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Oh, 30 seconds.

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Oh, 30 seconds.

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You have to wrap it up in 30 seconds.

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Okay, so anyway, these passageways are very narrow and they do oppose the safety factor.

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If you look at this picture here, this is one vehicle, I'll start on the paid road section.

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This is one vehicle on the paid road section.

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There's barely enough room for a two-way traffic, let alone pedestrians, bicyclists,

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horseback or anything else, and shoulder area on the dirt part is limited.

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There's no room to pass, and recently they've been using limiting buses, which prevent

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way too late traffic? Okay, you're running. Okay, thank you. Just a real quick question.

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So you mentioned that you are not, you do not live within this subdivision, but to

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you live nearby. Yeah, I'm a majority of the people that are on this. Can I go ahead

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and submit these photos in for your interview? Well, we've already agreed to allow them

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to the record. So yes, sir. Thank you. Okay. So we go next to the opponent's presentation.

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15 minutes. Let's see. Okay.

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Now I'm chair, commissioner. My name is Jackie Fishman. My address is 302 A Street Northwest.

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Albuquerque 8702.

227
00:22:14,400 --> 00:22:16,280
Do I need to be sworn in?

228
00:22:18,000 --> 00:22:18,220
Okay.

229
00:22:19,580 --> 00:22:24,480
I'm here on behalf of the Nature Point Board regarding its request for a special use permit

230
00:22:24,480 --> 00:22:29,840
for the Nature Point Clubhouse and in response to the appeal of the CPC's unanimity.

231
00:22:30,000 --> 00:22:56,640
Recommendation for approval. Based on the substantial record for this request, it is clear the planning commission and county staff did not act arbitrarily, work appreciously in their recommendations for approval. Once our initial submittal or application was submitted in April, the CPC deferred the case for 60 days in order for us to have additional meetings with the HOA.

232
00:22:56,640 --> 00:23:00,500
and we had a number of meetings each about four hours of length.

233
00:23:02,060 --> 00:23:04,760
Numerous revisions were made both to the site plan

234
00:23:04,760 --> 00:23:08,860
and to the management and operational aspects of the clubhouse.

235
00:23:09,000 --> 00:23:12,000
These are reflected in the record as conditions of approval

236
00:23:12,000 --> 00:23:13,300
in the notice of decision.

237
00:23:14,040 --> 00:23:17,560
There's a lot of work in diligence put into the staff's review

238
00:23:17,560 --> 00:23:20,680
of both information presented by the applicant

239
00:23:20,680 --> 00:23:23,920
and other interested parties, including the talent.

240
00:23:23,920 --> 00:23:36,460
Conditions were provided then sure the use of the clubhouse for weddings and similar events would mitigate any impact to the surrounding properties and respond to concerns raised during the process.

241
00:23:36,920 --> 00:23:48,560
The CPC and staff also acknowledge the substantial support from not only the surrounding property owners within 200 feet of the clubhouse, but also throughout the subdivision and beyond.

242
00:23:48,560 --> 00:23:58,720
And Madam Chair, if I could ask the people that are here in support of the special use permit now stand up for you.

243
00:24:05,450 --> 00:24:08,570
So you can see that we have a lot of supporters here today.

244
00:24:09,210 --> 00:24:14,470
Also, is stated by Commissioner Barbara on page 705 of the record.

245
00:24:15,030 --> 00:24:19,710
And I quote, as far as justification, I find that there is a very valid justification.

246
00:24:20,010 --> 00:24:24,050
There are unique conditions and circumstances associated with this.

247
00:24:24,050 --> 00:24:33,890
I feel this use will be more advantageous to the community and this use is common to other HOA facilities and there is support within 200 feet.

248
00:24:34,910 --> 00:24:39,010
It's clearly shown in the record by the numbers of the letters of support.

249
00:24:39,230 --> 00:24:42,190
There is substantial support for the special use permit.

250
00:24:42,430 --> 00:24:51,510
Starting on page 643 of the record, there were 26 people that spoke in support of the special use permit at the CPC hearing.

251
00:24:51,510 --> 00:24:57,490
Only one lot within 200 feet of the clubhouse is opposed to the special use permit and that is the

252
00:24:57,490 --> 00:24:57,950
point.

253
00:24:58,830 --> 00:25:02,670
And I'd like to show the map that was in the record.

254
00:25:10,360 --> 00:25:17,840
These lots are the lots of the clubhouses is right here and lots in red are lots that are

255
00:25:17,840 --> 00:25:20,060
in support of the special use permit.

256
00:25:20,720 --> 00:25:26,700
The talent slot is this lot here and they're the only one within 200 feet that are

257
00:25:26,700 --> 00:25:27,200
post.

258
00:25:32,510 --> 00:25:36,330
To respond to the specific points in the appeal, the

259
00:25:36,330 --> 00:25:41,330
appellan states in the appeal that a commercial enterprise within the community is prohibited

260
00:25:41,790 --> 00:25:47,690
by the documents that created the community. The stated numerous times during the CPC hearing

261
00:25:47,690 --> 00:25:52,770
by the chairman and during the process by staff, the covenants that were created for nature

262
00:25:52,770 --> 00:25:59,910
point are not relevant to the special use permit. However, the covenants do address the use

263
00:25:59,910 --> 00:26:05,350
the cloudhouse and have, in fact, been amended by the board to clarify that the cloudhouse

264
00:26:05,350 --> 00:26:10,430
can be used for special events, including weddings, to the extent that they are permitted

265
00:26:10,430 --> 00:26:12,990
by Bernoulli County or the state of New Mexico.

266
00:26:13,670 --> 00:26:19,090
The special use permit would allow those types of events therefore there is no conflict between

267
00:26:19,090 --> 00:26:21,450
the special use permit and the covenants.

268
00:26:21,630 --> 00:26:28,910
In addition, and I said this at the CPC hearing, this uses commercial only by virtue of the

269
00:26:28,910 --> 00:26:32,750
to a charging a fee for use of the facility for these special events.

270
00:26:33,330 --> 00:26:39,070
There is no other commercial aspect to the special use permit, which is made clear by a

271
00:26:39,070 --> 00:26:43,170
condition of approval number one, page 599 of the record.

272
00:26:45,870 --> 00:26:50,250
The appellant also states several times in the appeal that having weddings at the clubhouse

273
00:26:50,250 --> 00:26:54,550
is contrary to the premise of the establishment of this master plan community.

274
00:26:55,210 --> 00:26:59,950
He states that the premise is that any shortfalls and revenues will be satisfied by

275
00:26:59,950 --> 00:27:16,070
assessments to the members. They said that also today. Unfortunately, given the number of homeowners and landowners within nature point and keep in mind, there's only 21 homes that have been built on 112 lots so far.

276
00:27:16,290 --> 00:27:27,730
Increasing the assessments to level that would support the operations and maintenance of an 18,000 square foot clubhouse, the clubhouse grounds, and all of the private roads within the subdivision,

277
00:27:27,730 --> 00:27:33,410
simply is not feasible and would lead to the failure and loss of property value for the special

278
00:27:33,410 --> 00:27:40,050
community. So I stayed in my testimony at CPC. The community is at a very tenuous point.

279
00:27:41,130 --> 00:27:45,790
With landowners, landowners holding off from building their homes and potential

280
00:27:45,790 --> 00:27:56,990
loud owners taking away and see a approach. The indisputable fact is that the majority of the home

281
00:27:56,990 --> 00:28:04,530
events. The Palin also states that the weddings create a nuisance, negatively impact property

282
00:28:04,530 --> 00:28:10,130
values in our detriment to his quality of life. The clubhouse is currently operating under a

283
00:28:10,130 --> 00:28:16,170
conditionally-use permit that was approved in 2004 before there are any residents in nature

284
00:28:16,170 --> 00:28:21,830
point. A lot of owners who bought adjacent to the clubhouse tract including Mr. Dooy and his wife

285
00:28:21,830 --> 00:28:27,790
behind signed an agreement when they bought their properties that acknowledged there would be

286
00:28:27,790 --> 00:28:32,970
additional noise, lighting, and activities stemming from the clubhouse. It should be noted

287
00:28:32,970 --> 00:28:39,470
that the neighbor closest to the clubhouse, who's here today, Mr. Ashworth, and his wife Michelle,

288
00:28:39,690 --> 00:28:46,130
with within 70 feet of the clubhouse, they are the closest property owner, and they are in

289
00:28:46,130 --> 00:28:50,870
The total support of the special use permit has stayed in the record on page 661.

290
00:28:52,070 --> 00:28:57,010
The truth is that the special use permit puts far more controls and structure into place

291
00:28:57,010 --> 00:28:58,830
than there are currently at the clubhouse.

292
00:28:58,850 --> 00:29:05,070
It is a completely developed building and site and has been for a number of years.

293
00:29:05,630 --> 00:29:10,670
There's sworn testimony on the record from several homeowners stating that noise from

294
00:29:10,670 --> 00:29:13,770
the weddings cannot be heard outside of the clubhouse building.

295
00:29:13,770 --> 00:29:20,910
The vast majority of the time the clubhouse will be used exclusively by HOA members to conclude.

296
00:29:21,890 --> 00:29:28,150
The stush use permit is beneficial not only to the nature point HOA but also to the residents of the East Mountains.

297
00:29:28,850 --> 00:29:37,710
The facility is one of a kind and provides broad community benefit to an area that currently doesn't have many opportunities for meeting space.

298
00:29:37,710 --> 00:29:43,170
In the record, there is testimony about how the space is used by the Boy Scouts, and

299
00:29:43,170 --> 00:29:49,130
for NOSA, church groups, the Forest Service, the special use permit will be a beneficial

300
00:29:49,130 --> 00:29:55,770
land use for nature point, and the community of this as a whole, and if I could just show

301
00:29:55,770 --> 00:29:58,730
one other map, now we're at God.

302
00:30:01,040 --> 00:30:11,600
And this map to have this amount of will that is in the record. The blue lots, this is the entire nature point community.

303
00:30:11,920 --> 00:30:28,580
The blue lots are the lots that are in support. The red lots are homeowner, the HOA-owned tracks, the green are lots that are in opposition, and the ones that are white, I don't think, took a position.

304
00:30:30,080 --> 00:30:36,360
With that, I urge your vote to deny the appeal and accept the CPC's recommendation for approval.

305
00:30:36,860 --> 00:30:37,900
Thank you.

306
00:30:38,180 --> 00:30:39,840
You may have the Appellants.

307
00:30:40,080 --> 00:30:42,060
The summation of remodel of five minutes.

308
00:30:52,930 --> 00:31:00,030
The critical fact is the nature and character of what this community is.

309
00:31:00,150 --> 00:31:04,210
It's 22 homes on over 200 acres.

310
00:31:04,210 --> 00:31:15,210
And there's now a unprecedented wedding program in which 10,000 cars, 10,000 people a year,

311
00:31:15,610 --> 00:31:20,630
and 5,000 cars enter into this very small, secluded neighborhood.

312
00:31:21,810 --> 00:31:29,910
What's more than that, the whole concept of the community never was for anything but it's used by the owners.

313
00:31:29,910 --> 00:31:36,190
Now, there is advertising, they're bringing in all of these outside people for weddings, there's

314
00:31:36,190 --> 00:31:42,170
vendors, there's concessionaires, the entire character of the community has been put

315
00:31:42,170 --> 00:31:43,690
in shambles by this.

316
00:31:44,590 --> 00:31:53,090
The other issue, though, is that certainly people are in favor of this because by allowing

317
00:31:53,090 --> 00:31:56,430
these weddings, it doesn't increase their homeowner's dues.

318
00:31:56,430 --> 00:32:06,530
Well, two things as we know. One, homeowners do, are to be the sole mechanism to address shortfalls with this community and this country's club.

319
00:32:07,130 --> 00:32:22,350
The second point being is that, yeah, if you live next to it, and we had six noise violations in the last two months, we also had three weddings and an outside event.

320
00:32:22,350 --> 00:32:27,010
Just last week, three weddings, plus one outside event.

321
00:32:28,010 --> 00:32:32,310
If you live there, you're entitled, I believe,

322
00:32:32,470 --> 00:32:34,310
to come in before this body and say,

323
00:32:34,690 --> 00:32:37,270
this is not the way the zoning laws in New Mexico

324
00:32:37,270 --> 00:32:38,350
are meant to be applied.

325
00:32:39,010 --> 00:32:43,290
This is a situation where the commercial use of this

326
00:32:43,290 --> 00:32:46,830
has taken away the entire benefit of this community,

327
00:32:47,550 --> 00:32:50,810
and this should be a situation where the decision should

328
00:32:50,810 --> 00:32:57,870
be reversed and or this court should defer because there was talk on opening that there

329
00:32:57,870 --> 00:33:05,350
was negotiations made and there was at one point in negotiation and acceptance made that

330
00:33:05,350 --> 00:33:11,710
satisfied both sides. That thing went away. We don't know if the staff report came out

331
00:33:11,710 --> 00:33:16,890
but all of a sudden the concessions that had been agreed to are now off the table. So we need

332
00:33:16,890 --> 00:33:21,850
get back to mediation we believe we could fix this thing and fix it in a healthy way rather

333
00:33:22,730 --> 00:33:28,630
than keeping it adversarial where unfortunately I could see a lot of people back in front of

334
00:33:28,630 --> 00:33:40,530
this board later on thank you thank you so we're going to go to staff closure I'm sorry no

335
00:33:41,770 --> 00:33:42,250
Okay,

336
00:33:48,900 --> 00:33:53,520
we've heard from already from you've given your time and I'm sorry that that wasn't

337
00:33:53,520 --> 00:33:54,260
range correctly.

338
00:34:03,800 --> 00:34:03,960
Ed.

339
00:34:04,840 --> 00:34:05,300
Okay.

340
00:34:14,180 --> 00:34:14,360
Okay.

341
00:34:15,200 --> 00:34:16,660
All right.

342
00:34:18,720 --> 00:34:19,960
I want to step in.

343
00:34:20,180 --> 00:34:21,460
Madam, you're out of order.

344
00:34:21,940 --> 00:34:22,000
Please.

345
00:34:22,000 --> 00:34:23,080
This is a formal procedure.

346
00:34:23,880 --> 00:34:24,820
So, thank you.

347
00:34:27,960 --> 00:34:28,320
I'm sorry.

348
00:34:28,700 --> 00:34:30,820
Here is, this is a very formal judicial process.

349
00:34:31,160 --> 00:34:32,580
Please respect the outcomes.

350
00:34:33,280 --> 00:34:39,340
Okay. All right. Could you hold off just a moment, please? Let's be civil. Just a moment, please.

351
00:34:40,860 --> 00:34:41,340
So,

352
00:34:43,440 --> 00:34:55,320
unfortunately, we have the appellant and they have a certain amount of time and I read the rules early on that there's a certain amount of time for the appellant.

353
00:34:55,320 --> 00:35:00,640
This isn't an open procedure, this is an appeal by an individual and they've come forward.

354
00:35:00,880 --> 00:35:03,220
So this isn't an open meeting, okay?

355
00:35:03,540 --> 00:35:07,380
So you have to understand there's rules, this is a quasi-vuditial proceeding.

356
00:35:07,420 --> 00:35:13,280
And I did spell out the rules and there was an opportunity for you to weigh it on this earlier.

357
00:35:13,380 --> 00:35:14,960
And I'm not going to make an exception,

358
00:35:17,100 --> 00:35:17,200
okay?

359
00:35:17,240 --> 00:35:21,160
So that means we go next to staff closure, that's two minutes.

360
00:35:29,800 --> 00:35:33,200
Madam Chair, commissioners, I have no further comments.

361
00:35:33,200 --> 00:35:34,780
but I stand for questions.

362
00:35:36,680 --> 00:35:37,820
I do have some questions.

363
00:35:39,740 --> 00:35:41,120
So let's just to for the record.

364
00:35:41,600 --> 00:35:46,540
My understanding is this was a club house that was built as part of a

365
00:35:46,540 --> 00:35:51,440
almost like a country club setting for over a hundred and I think that was

366
00:35:51,440 --> 00:35:54,880
about 112 lots.

367
00:35:56,620 --> 00:36:02,300
And right now it's my understanding there's 21 homes out of 112 lots.

368
00:36:02,300 --> 00:36:04,540
Or something of that?

369
00:36:04,620 --> 00:36:07,560
Madam Chair, commissioners, I believe that is correct.

370
00:36:09,720 --> 00:36:13,740
So again, here's the, if you can see the lots.

371
00:36:15,420 --> 00:36:20,840
And the subdivision is this area also extending off of the map.

372
00:36:20,980 --> 00:36:27,260
So you can see the lots that are developed and then there are many lots that have yet to be developed.

373
00:36:27,260 --> 00:36:35,600
They are either privately owned or many of them are owned by the original developer of the property.

374
00:36:36,840 --> 00:36:37,520
Okay, can you?

375
00:36:37,560 --> 00:36:47,380
So can you tell me just briefly this was a, essentially a clubhouse that was built to, this was a computer to the community.

376
00:36:47,560 --> 00:36:49,420
This is some understanding of gay to community.

377
00:36:49,420 --> 00:36:56,220
It was considered a amenity to this development and was there an understanding from the

378
00:36:56,220 --> 00:37:02,180
get-go that there would be weddings that there would be events of this nature.

379
00:37:03,160 --> 00:37:13,260
Madam Chair, Commissioners, in 2004, the developer of the property and the Homeowners

380
00:37:13,260 --> 00:37:20,820
association obtained a conditional use permit that allowed private recreational activities

381
00:37:21,420 --> 00:37:28,900
and within the scope of that was weddings but it had to be for members of the Homeowners

382
00:37:28,900 --> 00:37:29,620
Association.

383
00:37:30,000 --> 00:37:40,900
So that was back in 2004. So this special use permit expands the scope of the use so that non-members

384
00:37:40,900 --> 00:37:47,920
will be able to lease the facility in order to host events, particularly weddings. And that

385
00:37:47,920 --> 00:37:50,680
would take place in this building here.

386
00:37:50,880 --> 00:37:55,880
Okay, that was an understanding that took place in 2004. Madam Chair, that's correct.

387
00:37:55,880 --> 00:38:02,020
prior to that, though, the understanding was this courthouse, or this country, or this event

388
00:38:02,020 --> 00:38:05,940
place would be used for the exclusive use of the membership.

389
00:38:07,240 --> 00:38:08,460
Madam Chair,

390
00:38:11,220 --> 00:38:18,200
the development or the subdivision and the nature point community was approved

391
00:38:18,200 --> 00:38:25,860
to be developed in around 2000 and then in 2004 they came back to get permission for this

392
00:38:25,860 --> 00:38:33,560
facility, and it's at that point that they started having events on the site, but initially

393
00:38:33,560 --> 00:38:38,340
it was for members of the community, not for outsiders.

394
00:38:40,500 --> 00:38:40,840
Okay.

395
00:38:44,660 --> 00:38:45,300
Can we start talking?

396
00:38:46,040 --> 00:38:47,380
Thank you, Madam Chair.

397
00:38:48,800 --> 00:38:55,340
A couple was made to do what the assessment would be in quick and inclusive assessment for

398
00:38:55,340 --> 00:39:02,540
women homeless that live in the development today, if the costs of the regulations

399
00:39:02,540 --> 00:39:05,340
sooner or later passed on, even to clear about that?

400
00:39:06,920 --> 00:39:13,700
Madam Chair, Commissioner Talbert, I am aware of that that there has been a statement

401
00:39:13,700 --> 00:39:19,460
that it may be a few hundred dollars more, but I can't answer specifically, I haven't

402
00:39:19,460 --> 00:39:25,420
been involved in the finances, but I have heard that there would be a significant difference

403
00:39:25,420 --> 00:39:26,600
in the cost.

404
00:39:26,940 --> 00:39:32,220
Dr. Most likely require a majority consideration by the homeowner's association and all the

405
00:39:32,220 --> 00:39:35,900
members of it in order to increase dues that way so that at least that's how my homeowner's

406
00:39:35,900 --> 00:39:41,540
association works. So I don't know if the women by presenting the homeowner's association

407
00:39:41,540 --> 00:39:49,160
knows that information possibly or could get it at some point. The other would be if a person

408
00:39:49,160 --> 00:39:52,700
who lives in that neighborhood wants to have a wedding in the clubhouse themselves, their

409
00:39:52,700 --> 00:39:55,620
order or sons get married. Would that be allowed?

410
00:39:57,120 --> 00:40:02,220
Madam Chair, Commissioner Talvard, under the condition of existing conditional use permit

411
00:40:02,220 --> 00:40:11,520
that would be allowed already, but this special use permit allows going beyond what is currently

412
00:40:11,520 --> 00:40:14,440
allowed, meaning that it can be leased out.

413
00:40:14,440 --> 00:40:20,660
I understand, but let's say it was fully, if every house and that development was so under 12.

414
00:40:21,520 --> 00:40:24,800
Potentially, and everyone wanted to have their son or daughter married, and the clubhouse

415
00:40:24,800 --> 00:40:30,620
could be 100 dead weddings a year, potentially, which is a little crazy, because not everyone's going to have a kid that's going to be getting married.

416
00:40:32,340 --> 00:40:36,880
But the homeowners could have weddings are out of their mind, because it's theirs, correct?

417
00:40:38,020 --> 00:40:40,500
Madam Chair, Commissioner Talbert, that is correct.

418
00:40:40,940 --> 00:40:42,100
Okay, thank you.

419
00:40:44,110 --> 00:40:52,950
just one more question and I'm maybe you don't know the answer to this, but so this is a development where they started selling lots was it in 2000, do you say?

420
00:40:54,390 --> 00:41:03,110
2001? Madam chair commissioners, I believe that approximately 2000, 2005 started selling lots.

421
00:41:03,110 --> 00:41:05,870
Let me see if I understand something correctly.

422
00:41:06,030 --> 00:41:13,530
So in 2004, what you said, that this agreement between the HOA, which doesn't sound like

423
00:41:13,530 --> 00:41:18,730
there would be one, if there's no lots that have been sold, was the agreement to allow for

424
00:41:18,730 --> 00:41:21,390
the expansion of uses here.

425
00:41:22,470 --> 00:41:23,630
Didn't you just say that?

426
00:41:26,870 --> 00:41:30,990
Madam Chair, I may be wrong in my date.

427
00:41:30,990 --> 00:41:34,930
And I think the aging can clarify that.

428
00:41:35,050 --> 00:41:41,650
So it sounds like they're saying that the clubhouse was built around the same time that

429
00:41:41,650 --> 00:41:46,690
the development was of individual parcels was beginning.

430
00:41:48,830 --> 00:41:52,690
So at the time, there was no homeowner's association, am I correct?

431
00:41:59,680 --> 00:42:02,020
Madam Chair, that they're saying that that's correct.

432
00:42:02,020 --> 00:42:09,260
So it was the developer who applied for the initial conditional use permit for the recreation facility.

433
00:42:10,100 --> 00:42:24,020
I guess what I'd like to know is when folks bought into this and purchased lots were they aware of this special use permit that this had changed and that it was not for members only.

434
00:42:26,700 --> 00:42:29,240
Madam chair and commissioners.

435
00:42:29,240 --> 00:42:45,610
So it was a conditional use permit at the time so people were buying into the lots into the development and they would have been aware that there was a clubhouse with recreational facilities.

436
00:42:46,830 --> 00:42:59,690
And the agent said that in particular the appellant in this case signed an agreement acknowledging that this conditional use permit and these conditions existed

437
00:42:59,690 --> 00:43:03,070
on the property prior to his moving, on the property.

438
00:43:06,230 --> 00:43:06,850
Thank you, thank you.

439
00:43:06,890 --> 00:43:07,330
Any other questions?

440
00:43:13,360 --> 00:43:13,640
Okay.

441
00:43:14,000 --> 00:43:15,040
There are.

442
00:43:15,320 --> 00:43:15,680
There are.

443
00:43:15,800 --> 00:43:16,580
And the questions.

444
00:43:17,400 --> 00:43:18,800
That takes us next to action.

445
00:43:20,920 --> 00:43:22,380
And there has a.

446
00:43:23,520 --> 00:43:23,800
Motion.

447
00:43:24,180 --> 00:43:24,700
One more.

448
00:43:24,860 --> 00:43:25,600
The other.

449
00:43:29,470 --> 00:43:30,050
Amjana.

450
00:43:30,970 --> 00:43:31,310
Commissioner.

451
00:43:32,110 --> 00:43:32,890
I move.

452
00:43:33,150 --> 00:43:36,070
We deny the appeal and uphold the CPC decision.

453
00:43:36,730 --> 00:43:36,970
Sorry.

454
00:43:39,590 --> 00:43:44,390
I'll post in no motion carries.

455
00:43:44,890 --> 00:43:47,810
Okay, I'll take this next to the next appeal,

456
00:43:51,780 --> 00:43:53,360
which is item B.

457
00:43:55,420 --> 00:44:00,440
This is C-0-2014-001-12.

458
00:44:00,620 --> 00:44:04,260
C-S-U-2013-0027.

459
00:44:04,260 --> 00:44:04,460
And

460
00:44:26,120 --> 00:44:32,390
so let me, before we begin, read this, so that folks, when folks leave will get

461
00:44:33,400 --> 00:44:37,140
an opportunity for people to hear, so there's no conversations outside.

462
00:44:44,970 --> 00:44:51,110
So this is an appeal based on the evidence in the record, no ordinarily, no new evidence

463
00:44:51,110 --> 00:44:53,290
will be accepted before the county commission.

464
00:44:53,910 --> 00:44:58,890
However, in the event that new evidence or testimonies accepted, the clerk will swear

465
00:44:58,890 --> 00:44:59,970
Any witnesses who made a

466
00:45:00,000 --> 00:45:28,260
Presentation, five minutes. Appellants, presentation, ten minutes. Appellants, presentation, fifteen minutes. Appellants, summation, a rebuttal is five minutes. Staff closure, two minutes, board discussion and questions followed by action. And this is very important. Please be aware that there are time limits for each side. Appellants and opponents.

467
00:45:29,420 --> 00:45:34,740
See a total time allowed regardless of the number of person signed up to speak.

468
00:45:35,380 --> 00:45:41,040
So each side will need to decide how to divide the total minutes among the speakers.

469
00:45:42,040 --> 00:45:46,380
So when I call for example in favor of the appeal and you have a representative or an opposition

470
00:45:46,380 --> 00:45:51,640
of the appeal and you have a representative of that person or you collectively have to decide

471
00:45:51,640 --> 00:45:54,020
how you're going to use that total time.

472
00:45:54,020 --> 00:45:56,980
Okay, I hope you understand that.

473
00:45:56,980 --> 00:45:58,780
I think there was some confusion about that.

474
00:46:00,180 --> 00:46:01,800
Okay, we begin with staff presentation.

475
00:46:02,320 --> 00:46:03,220
Thank you.

476
00:46:08,240 --> 00:46:09,400
Madam Chair, commissioners.

477
00:46:09,660 --> 00:46:14,680
My name is Catherine Varek, again with County Planning.

478
00:46:15,620 --> 00:46:26,260
And this is CSU 20130027 and CO20140012 Albert C.

479
00:46:26,260 --> 00:46:32,560
to heal appeals, the County Planning Commission's recommendation of approval of the request

480
00:46:32,560 --> 00:46:36,140
for a special use permit for a planned development area.

481
00:46:36,880 --> 00:46:46,980
On tracks ABC and D Mezzo-Am located off Daniel Road on proposed Isabella Court Northwest,

482
00:46:46,980 --> 00:47:00,900
Zoned A1 and containing approximately 27.75 acres and the property is on the map above in the blue highlighted area.

483
00:47:01,680 --> 00:47:08,780
Under the request, the applicant has been seeking to develop a large residential subdivision on the subject site,

484
00:47:08,780 --> 00:47:22,200
which previously had a lumber processing business on a portion of it under special use permit and which has been removed and the property has been vacant for a number of years.

485
00:47:22,500 --> 00:47:36,500
As you recall in 2013 and also earlier this year, the applicant requested a special use permit for a contractor's yard on approximately five acres of the subject property.

486
00:47:36,500 --> 00:47:45,640
The CPC recommended denial of the request and the applicant appeal the recommendation to the BCC to this body.

487
00:47:46,860 --> 00:47:55,000
And which in turn remanded the case to the CPC back to the CPC for consideration of residential uses.

488
00:47:55,000 --> 00:48:11,100
So, in May the applicant resubmitted an application, the amended request initially sought a special use permit for a 96-lotsupptivit residential subdivision with open space.

489
00:48:11,100 --> 00:48:14,460
But reduce the number of lots to 82.

490
00:48:15,220 --> 00:48:20,440
Now, if you recall this property is owned A1,

491
00:48:21,240 --> 00:48:25,100
which may have allowed approximately 25 lots.

492
00:48:26,080 --> 00:48:32,540
But in this request, the applicant is currently proposing 82 lots,

493
00:48:32,660 --> 00:48:36,580
which is based on residents and neighborhood association input,

494
00:48:37,180 --> 00:48:39,720
and also the guidelines for cluster housing

495
00:48:39,720 --> 00:48:49,400
in the North Valley area plan that allow higher density than the existing zoning in exchange for common open space.

496
00:48:50,380 --> 00:49:03,460
So in this current request, the density of approximately 2.95 dwelling units is proposed along with approximately 9.6 acres of open space.

497
00:49:03,460 --> 00:49:10,760
So, at the time of the CPC hearing, there was support for the request, but there were also

498
00:49:10,760 --> 00:49:15,100
some neighbors who argued that the proposed density was too high.

499
00:49:15,900 --> 00:49:23,680
So at the August 6th hearing, the CPC recommended approval of the request for 82 lots

500
00:49:23,680 --> 00:49:28,860
and open space based on 11 findings and 12 conditions.

501
00:49:28,860 --> 00:49:39,740
The findings recognized the consistency of the request with resolution 11686 and with the

502
00:49:39,740 --> 00:49:46,780
North Valley area plan cluster housing guidelines and also with the criteria of section

503
00:49:46,780 --> 00:49:52,700
18B-23 of the county zoning code for a planned development area.

504
00:49:52,700 --> 00:49:59,860
It also included conditions that had been agreed to with some of the neighbors.

505
00:50:01,140 --> 00:50:04,680
So one of the adjacent property owners is appealing the decision.

506
00:50:05,580 --> 00:50:12,260
The appeal letter states argues that the request is not comply with resolution 1686 and

507
00:50:12,260 --> 00:50:19,520
the North Valley area plan and is concerned that the cost of the land or economic considerations

508
00:50:19,520 --> 00:50:25,860
We're taken into account in the decision and that there was neighborhood position.

509
00:50:27,180 --> 00:50:34,040
So the appeal letter seems to be recommending that the number of locks should be taken into consideration.

510
00:50:35,820 --> 00:50:47,220
There are responses to the appeal from the agent and also from neighborhood associations stating that the decision of the CPC should be upheld.

511
00:50:47,220 --> 00:50:49,960
And with that, I stand for questions.

512
00:50:52,480 --> 00:50:53,720
Okay, thank you.

513
00:50:54,320 --> 00:51:00,560
You'll next to the Appellance presentation for a total of 10 minutes and just up with a record,

514
00:51:00,960 --> 00:51:02,920
folks signed up in favor of the appeal.

515
00:51:03,100 --> 00:51:09,880
Our Linda Durks, Barbara Tahiro, and Albert Trujillo, and are you Mr. Trujillo?

516
00:51:10,040 --> 00:51:10,960
Okay, welcome.

517
00:51:13,180 --> 00:51:15,860
And she's so, you know, if these folks want to speak,

518
00:51:15,860 --> 00:51:17,800
They, you're going to have to work something out.

519
00:51:17,860 --> 00:51:22,120
You have exactly, was it 10 minutes, OK?

520
00:51:22,200 --> 00:51:22,540
OK.

521
00:51:22,780 --> 00:51:23,640
Thank you, Jeremy.

522
00:51:25,620 --> 00:51:29,060
So I am appealing to the state of New York.

523
00:51:29,440 --> 00:51:30,840
That's Albert your heel,

524
00:51:33,040 --> 00:51:33,420
OK?

525
00:51:34,960 --> 00:51:45,440
So I am appealing to the CPC past the based on not only the, they did not

526
00:51:45,440 --> 00:51:53,560
here to the North Valley area plan for one, and the other issue that I had was a safety

527
00:51:53,560 --> 00:51:55,160
regarding our neighborhood.

528
00:51:57,260 --> 00:52:02,360
Because of the narrow streets, I'm not opposed at all to the residential development,

529
00:52:02,540 --> 00:52:10,560
what I'm opposed to is the density of it on two different occasions or subject matter expert,

530
00:52:10,560 --> 00:52:19,920
Ms. Varek, Inter Staff Report, stated that they must comply with the 69 homes twice

531
00:52:19,920 --> 00:52:21,800
when they submitted for the 90s.

532
00:52:31,060 --> 00:52:45,960
And that was never at here, too. That's basically my argument is, what reason do they have to do

533
00:52:45,960 --> 00:52:53,460
what they want instead of what the county has told them to do, or must comply.

534
00:52:55,730 --> 00:52:56,890
And that's basically

535
00:52:56,890 --> 00:53:09,150
what is for the resolution and the CBC narrowly approved it, also what that means said.

536
00:53:10,010 --> 00:53:17,250
The fact is that it is a one semi-urban and the six nine homes is what was requested.

537
00:53:17,750 --> 00:53:22,470
I understand that it is a, let

538
00:53:30,980 --> 00:53:33,100
me stop there.

539
00:53:33,100 --> 00:53:43,460
The safety factor is, there's only one entrance in and out, there is a lock box on a private road, on the other side of the development.

540
00:53:44,440 --> 00:53:52,100
That one entrance leads out from a very small data road onto Los Ranchos.

541
00:53:52,100 --> 00:53:55,380
those, puppy not to eat it in the second street.

542
00:53:55,660 --> 00:54:03,780
With that being said, 82 homes would just be really too high because there is no restrictions

543
00:54:03,780 --> 00:54:10,100
allowing them to go through our neighborhoods, which are one lane, basically one lane neighborhoods.

544
00:54:10,740 --> 00:54:17,980
I think what the reduction in density, you would get a different type of development.

545
00:54:18,920 --> 00:54:26,780
you would have large lots, you would have a different set of people not a west side.

546
00:54:26,940 --> 00:54:31,860
You are a hurt and type development, which is proposed is what they want to propose.

547
00:54:32,760 --> 00:54:40,600
Just a kind of a cheap development, it doesn't that here at all with the North Valley area

548
00:54:40,600 --> 00:54:41,420
plan.

549
00:54:44,920 --> 00:54:48,200
That's all I have to say with that.

550
00:55:00,170 --> 00:55:03,430
I think that's all I have. Basically the land

551
00:55:03,430 --> 00:55:12,570
is A1, the fact is it is A1, semi every 1.5. The county staff has asked twice. They must

552
00:55:12,570 --> 00:55:14,010
reduce that density,

553
00:55:16,150 --> 00:55:21,930
and at least simply have not, that's all I have, thank you.

554
00:55:22,250 --> 00:55:27,550
Richard, how much time did six minutes did you want to?

555
00:55:39,180 --> 00:55:44,920
Hello, my name is Barbridge Hale, and I oppose the number of homes that is being submitted.

556
00:55:46,080 --> 00:55:51,360
My family is third and fourth generation, and I live right on the corner of the proposed interest

557
00:55:51,360 --> 00:55:53,280
at 101 Daniel Road.

558
00:55:55,100 --> 00:56:04,000
This entrance and these homes will affect my family the most, this project has made a big disconnect with the neighbors.

559
00:56:05,220 --> 00:56:16,440
No one has taken into consideration my family, and that we will be affected most because of the entrance going into this subdivision and exiting out of this subdivision.

560
00:56:17,760 --> 00:56:25,680
I have four small children, two of them are teenagers, and if they had children, they could

561
00:56:25,680 --> 00:56:32,000
not play out in the yards because of the danger of traffic, then it would be, they would

562
00:56:32,000 --> 00:56:35,440
be opposed to having this subdivision.

563
00:56:38,230 --> 00:56:40,970
All of our neighbors in that area with the exception

564
00:56:40,970 --> 00:56:46,550
of probably two or three are over the age of 50, so they have already raised their children.

565
00:56:48,440 --> 00:56:55,140
Again, going back to me being a third and fourth generation in that neighborhood, being from

566
00:56:55,140 --> 00:57:03,160
the North Valley, having those cookie cutter homes in that area will not only take away

567
00:57:04,690 --> 00:57:10,950
the pride that we have in our homes in our space and where we have grown up, but it's

568
00:57:10,950 --> 00:57:14,410
also going to lower our property value.

569
00:57:14,410 --> 00:57:19,370
My home will no longer be a $375,000 home.

570
00:57:19,610 --> 00:57:22,970
It will be compared to a $200,000 home,

571
00:57:23,130 --> 00:57:25,350
or a $175,000 home.

572
00:57:26,270 --> 00:57:30,530
Most of all, I just want to stress the concern of the danger

573
00:57:30,530 --> 00:57:34,090
of us being able to come out of our driveway

574
00:57:35,250 --> 00:57:37,590
and leave for our daily business.

575
00:57:38,810 --> 00:57:43,370
So I'm opposing the 82 homes.

576
00:57:44,780 --> 00:57:46,100
That's it.

577
00:57:49,470 --> 00:57:49,470
Okay,

578
00:57:51,590 --> 00:57:55,190
takes us next to the poems presentation 15 minutes.

579
00:58:02,210 --> 00:58:11,570
Good evening, Madam Chair, commissioners. Excuse me. My name is Robert Lucero. I'm an attorney that represents the applicant, Miss O. M. LLC.

580
00:58:12,350 --> 00:58:18,510
And I believe that also we have three community members who have signed up to speak in opposition.

581
00:58:18,510 --> 00:58:23,690
I'm not positioned to the appeal and in favor of the applicant, and so I would like to

582
00:58:23,690 --> 00:58:26,930
I believe we're allocated 15 minutes, is that correct?

583
00:58:26,930 --> 00:58:27,610
That is correct.

584
00:58:28,070 --> 00:58:34,790
So I would like to present for nine minutes and then reserve two minutes for each of the community members.

585
00:58:35,110 --> 00:58:39,650
Okay, and for the record, the people who were signed up in opposition to the appeal are Barbara Montano,

586
00:58:40,010 --> 00:58:42,630
J.J. Archadeta and Regina Romano.

587
00:58:44,470 --> 00:58:45,510
Thank you, Madam Chair.

588
00:58:55,720 --> 00:59:03,140
Just to orient the commission, this is just an aerial showing the site location and this is in the record.

589
00:59:03,220 --> 00:59:07,400
It was submitted to the CPC as part of our presentation there.

590
00:59:09,080 --> 00:59:15,660
And this year is most ranchos, this is second street on the west, most ranchos on the north.

591
00:59:15,940 --> 00:59:17,560
This is a railroad tracks.

592
00:59:17,560 --> 00:59:27,520
And then this highlighted in blue is the approximately 27.75 acre site that is the subject

593
00:59:27,520 --> 00:59:29,780
of this special use permit.

594
00:59:33,500 --> 00:59:37,440
What was most recently there was a molding plant.

595
00:59:37,760 --> 00:59:42,420
It was Taiwan molding, which employed, you know, dozens of people.

596
00:59:42,620 --> 00:59:44,280
It was there since the 50s.

597
00:59:44,760 --> 00:59:48,440
These are just some images of what was there until recently.

598
00:59:48,440 --> 00:59:55,080
The mislam obtained a demolition permit and has been cleaning up the site and what is

599
00:59:55,080 --> 00:59:59,420
proposed is a residential only community, a much less intense use than the fire industrial

600
00:59:59,420 --> 00:59:59,980
use.

601
01:00:00,210 --> 01:00:08,050
These are just some images of some possibility of a single family homes that are intended for development on the property.

602
01:00:09,630 --> 01:00:11,870
And in terms of the design concepts,

603
01:00:14,350 --> 01:00:19,610
we're really aiming to keep this in harmony with the North Valley area plan and with the existing neighborhood.

604
01:00:19,610 --> 01:00:28,250
It's going to be single family home only, no multi-family apartments or condos, and as you

605
01:00:28,250 --> 01:00:34,850
heard in the staff presentation, there's quite a bit of open space, preserved, and perpetuity,

606
01:00:35,470 --> 01:00:41,170
and that's for the use of the entire community, not just the residents of this development.

607
01:00:41,770 --> 01:00:46,550
The pedestrian trails that are proposed are likewise for the use of the entire community,

608
01:00:46,550 --> 01:00:54,450
as is the community garden area, and the site plan proposed was designed in such a manner

609
01:00:54,450 --> 01:00:59,850
so as to preserve the views of the San DS and, as you know right now, the wonderful

610
01:00:59,850 --> 01:01:07,510
balloons that are floating overhead. Just to a brief kind of history of the site, I know that

611
01:01:07,510 --> 01:01:14,130
the staff kind of summarized what came up until our January BCC hearing when we were last

612
01:01:14,130 --> 01:01:17,830
before you, but we've had four open community meetings

613
01:01:17,830 --> 01:01:20,030
at the Raymond Sanchez Community Center.

614
01:01:20,730 --> 01:01:24,810
These were well attended by surrounding neighbors,

615
01:01:25,190 --> 01:01:29,110
representatives of the Elameda North Valley Association

616
01:01:29,510 --> 01:01:32,490
of the recently formed Daniel Jacobson

617
01:01:32,490 --> 01:01:36,470
neighborhood association, and also of the North Edith

618
01:01:36,470 --> 01:01:38,250
corridor association.

619
01:01:39,070 --> 01:01:43,090
Separately I was invited and the developer was invited

620
01:01:43,090 --> 01:01:45,930
and did attend representatives did attend a meeting

621
01:01:46,790 --> 01:01:50,070
of the Edith, North Edith corridor association.

622
01:01:51,050 --> 01:01:57,030
And then at the July 2014 CPC hearing, it was deferred.

623
01:01:57,770 --> 01:01:59,570
And we went back to the community,

624
01:01:59,710 --> 01:02:05,050
had multiple other open and as well as we received calls

625
01:02:05,050 --> 01:02:08,170
and emails, a lot of correspondence with neighbors

626
01:02:08,170 --> 01:02:10,470
to come up with the plan that we then presented

627
01:02:10,470 --> 01:02:20,330
at the August 6th CPC hearing, which is now before you, and as staff indicated, the CPC recommends

628
01:02:20,330 --> 01:02:31,250
approval of the proposed, the appellan is stated that our proposal is not in line with

629
01:02:31,250 --> 01:02:37,710
a section 18 of the zoning ordinance and the special of the North Valley area plan, but the

630
01:02:38,530 --> 01:02:54,950
CPC found that it was and it is for these reasons, you know, the Section 18B23 is the PDA, the planned development area, section, and it has two requirements, one is that the minimum area is two acres, and clearly we're in excess of that.

631
01:02:55,670 --> 01:03:06,530
Secondly, that there is a need to vary the height, lot area, setback requirements, do unusual typography, lot configuration or site features in order to create cluster housing development.

632
01:03:06,530 --> 01:03:11,990
And that's what we seek to do here is to create a quality, cluster housing development,

633
01:03:12,550 --> 01:03:17,890
something that provides amenities for the community that wouldn't be there with just

634
01:03:17,890 --> 01:03:24,670
a simple zone change to an R1 or to another zone that would allow a higher density.

635
01:03:25,150 --> 01:03:30,250
So we really wanted to work in concert with the community and we really have done that to

636
01:03:30,250 --> 01:03:36,510
come up with a plan that provides these amenities and a really quality development that

637
01:03:36,510 --> 01:03:39,250
is going to maintain and increase the property values

638
01:03:39,880 --> 01:03:41,410
in the surrounding area.

639
01:03:42,830 --> 01:03:44,950
The unusual shape of the lot, if you recall,

640
01:03:45,570 --> 01:03:49,190
that aerial, because of the many sort of arms

641
01:03:49,190 --> 01:03:54,190
so to speak of the property that kind of leaked that kind

642
01:03:54,190 --> 01:03:59,230
of expand out, it provides some unique opportunities

643
01:04:00,150 --> 01:04:05,010
to provide open space, a linkage to the North Valley library,

644
01:04:05,010 --> 01:04:21,730
which is here on second, the community garden is proposed to be just adjacent to in a cross-Daniel circle from the library to provide a nice linkage for the community to utilize that space that will be open to the public.

645
01:04:22,770 --> 01:04:29,430
And then the lot configuration arises from the configuration of the property.

646
01:04:29,430 --> 01:04:35,450
I mean, in terms of the North Valley area plan, as the commission knows it's a ranked

647
01:04:35,450 --> 01:04:41,390
two plan, which means that it is a policy guideline not a like a sector development plan

648
01:04:41,390 --> 01:04:47,410
that has the force of law, but it does set policy that should be followed and this development

649
01:04:48,350 --> 01:04:58,650
does follow that. There is a guideline in the North Valley area plan with respect to cluster housing

650
01:04:58,650 --> 01:05:15,710
That requires landscaping and buffering measures, and here we do have those in place, there are landscape buffers between the properties to the north as well as to the west using open space.

651
01:05:16,370 --> 01:05:24,790
The railroads tracks are buffered from the proposed housing with a park, and then there is a policy of expanding the area zone for residential.

652
01:05:24,790 --> 01:05:31,730
You know, currently this is A1 with a use that was industrial and what we're looking to do is create residential.

653
01:05:33,150 --> 01:05:43,130
And in furtherance of the housing principles of the North Valley area plan, preserving the open space and perpetuity, providing new housing opportunities and lowering infrastructure cost for the county.

654
01:05:43,290 --> 01:05:50,370
You know, here the developer is going to put in all the infrastructure which will then be dedicated to the county, per the county specifications.

655
01:05:50,950 --> 01:05:56,610
and then also allowing for design creativity and flexibility and preserving the character

656
01:05:56,610 --> 01:06:02,950
of the North Valley. So what cluster housing does is it allows homes to be grouped together

657
01:06:02,950 --> 01:06:09,410
in a higher density, while the remaining land is reserved for open space. And that's exactly

658
01:06:09,410 --> 01:06:12,090
what we'll do here. Let me put up this site plan.

659
01:06:19,550 --> 01:06:20,890
I understand we're kind of running the long

660
01:06:20,890 --> 01:06:27,230
time. So I'll just keep moving forward. But it's in the record. And so essentially what

661
01:06:27,230 --> 01:06:35,010
What we're proposing to do is right in line with the North Valley area plan under if we're to seek a straight

662
01:06:37,250 --> 01:06:44,010
A1 number of dwelling units will be only 27 because it's one acre lots. There would be no requirement to put in any amenities

663
01:06:44,910 --> 01:06:51,310
If we proposed a zone change of R1, it would be 67 dwelling units is about what would be allowed

664
01:06:51,870 --> 01:06:56,290
Because of the need to put in infrastructure, which is about 2.41

665
01:06:59,170 --> 01:07:04,070
Billionist per acre in no requirement for any of these amenities it would essentially be like a

666
01:07:04,070 --> 01:07:05,410
kind of a cookie-cutter development.

667
01:07:07,110 --> 01:07:13,750
And then under the A1 cluster housing, that's where that 69 number comes from that the

668
01:07:13,750 --> 01:07:18,050
appellant was referencing, whereas under the R187 would be allowed.

669
01:07:18,610 --> 01:07:23,010
And so what we tried to do was find something that would be in line, this neighborhood is trending

670
01:07:23,010 --> 01:07:28,190
toward R1. To the north, there are non-conforming lots that are smaller than A1 allows.

671
01:07:29,370 --> 01:07:29,970
There is R1.

672
01:07:30,000 --> 01:07:51,440
What we want to do is provide a higher quality residential, and essentially we're right in between the A1 and the R1 guidelines, so that we have 2.95 less than 3, and the North Valley area plan states that, you know, generally, density should not exceed 3 dwelling units per acre, and so we are in conformance with that.

673
01:07:51,440 --> 01:07:58,080
In terms of access to site and safety, there is only one general public access, but it is going

674
01:07:58,080 --> 01:08:00,180
to be improved greatly over what is there now.

675
01:08:00,600 --> 01:08:07,420
Further county engineering specifications, there will be curb and gutter put in, improved

676
01:08:08,660 --> 01:08:09,900
pavement pavement.

677
01:08:10,620 --> 01:08:14,180
And then the secondary access is for emergency vehicles only.

678
01:08:14,220 --> 01:08:18,760
And this is quite common to see where there's what's called a Knox box that emergency

679
01:08:18,760 --> 01:08:21,920
vehicles have the key to and can get through to access.

680
01:08:21,920 --> 01:08:26,780
It's also open to pedestrian access, that secondary access, which is a long Jacobson lane.

681
01:08:28,420 --> 01:08:32,820
We did a traffic study, which was not required, but we wanted to make sure that we weren't

682
01:08:32,820 --> 01:08:39,040
having a disparate impact on the neighborhood and on the residents, and what's evaluated

683
01:08:39,040 --> 01:08:44,780
is level of service, and it's rated from A to F. And D is the county's guideline. Developers

684
01:08:44,780 --> 01:08:48,640
are required to build to D. So long as you build to D, you can get your plans

685
01:08:48,640 --> 01:08:54,800
improved. These are the existing standards on some of the intersection. This is the intersection

686
01:08:54,800 --> 01:09:00,920
of Los Rantris and second. You can see that before, it's at D after our buildout, it stays

687
01:09:00,920 --> 01:09:07,960
at D. And these are depending on whether it's eastbound, westbound, and the AM or PM peaks.

688
01:09:08,660 --> 01:09:14,040
In the northbound, it stays at A, and essentially at each of the intersections evaluated,

689
01:09:14,040 --> 01:09:22,440
which were Los Rancers in 2nd, Los Rancers in Daniels, Los Rancers in Edith, and Daniel

690
01:09:22,440 --> 01:09:28,060
Road and the Mesolem access. All of these maintained the exact same level of service

691
01:09:28,060 --> 01:09:35,320
after development as is currently there now. So there really isn't a traffic impact that

692
01:09:35,320 --> 01:09:42,740
is discernible, no significant adverse, and the county accepted it with no mitigation recommended.

693
01:09:42,740 --> 01:09:49,900
The fire department has evaluated this application and had no comments in the staff report.

694
01:09:50,740 --> 01:09:58,640
This is a safe development that brings a quality residential community, not just housing.

695
01:09:59,160 --> 01:10:04,920
This is governed by HOA Covenants, provides amenities not only to the residents but to the public,

696
01:10:04,920 --> 01:10:12,220
And we would urge you to deny the appeal and to uphold the CPC's recommendation that this

697
01:10:12,220 --> 01:10:13,180
will be approved with that.

698
01:10:13,320 --> 01:10:14,360
I'll stand for any questions.

699
01:10:17,540 --> 01:10:18,920
I accept you have a couple of questions.

700
01:10:20,060 --> 01:10:30,080
So the owner who is present, I assume, this is, DR, Horton Homes keeps being mentioned.

701
01:10:30,140 --> 01:10:35,940
So this is something that the, the, the, the, the Horton Homes are the, they're the

702
01:10:35,940 --> 01:10:36,280
developer.

703
01:10:37,340 --> 01:10:43,540
Madam Chair commissioners, the property is owned by Miss O'am LLC and Carlos Chavez is

704
01:10:43,540 --> 01:10:50,560
here. He's a principal of Miss O'am and the, so he is the developer of the project.

705
01:10:50,880 --> 01:10:57,880
We have had discussions with DR Horton to build the homes but those have not, we have

706
01:10:57,880 --> 01:11:05,500
not reached a final agreement and so the developer really is Miss O'am. The home builder could

707
01:11:05,500 --> 01:11:07,220
be D.O. Horton, but there could be someone else.

708
01:11:07,220 --> 01:11:12,500
So there could be a turn key sort of development in which case they would just take over the development.

709
01:11:12,780 --> 01:11:13,720
Man, I'm sure that's prepared.

710
01:11:13,720 --> 01:11:13,740
Man, I'm sure that's prepared.

711
01:11:13,740 --> 01:11:18,300
The development and you'd have builders, many different builders, different ways to doing it.

712
01:11:18,500 --> 01:11:19,380
Man, I'm sure that's correct.

713
01:11:19,420 --> 01:11:20,880
Many different ways that it could go.

714
01:11:21,080 --> 01:11:21,340
Okay.

715
01:11:21,780 --> 01:11:26,000
So right now we're talking about the owner and developer at this point.

716
01:11:26,340 --> 01:11:27,340
Man, I'm sure that's correct.

717
01:11:27,700 --> 01:11:29,520
We're not discussing D.O. Horton tonight.

718
01:11:29,660 --> 01:11:31,520
We're just discussing Mesoam LLC.

719
01:11:32,220 --> 01:11:41,420
And so as part of this, you have a site development plan that was approved by the Commission.

720
01:11:42,060 --> 01:11:46,700
Madam Chair, that is correct with the caveat that it was approved with conditions.

721
01:11:47,440 --> 01:11:54,420
And those conditions were reviewed and approved by the Alameda North Valley Association,

722
01:11:54,420 --> 01:12:02,440
the Daniel Jacobs and Neighborhood Association and Mesoam as being very reasonable and a way to

723
01:12:02,440 --> 01:12:07,380
really ensure that this site plan furtheres the North Valley area plan comprehensive plan

724
01:12:07,380 --> 01:12:10,820
and is in furtherance of section 18 of the zoning ordinance.

725
01:12:12,000 --> 01:12:17,140
Okay, so if there's no other questions, we'll go to the appellant summation or rebuttal.

726
01:12:20,140 --> 01:12:23,400
Mr. Trujillo, if you'd like to respond or you'd like to.

727
01:12:23,400 --> 01:12:24,180
Madam Chair, if I may.

728
01:12:24,340 --> 01:12:26,300
I believe there were some folks.

729
01:12:26,300 --> 01:12:27,500
Oh, you haven't used your time up.

730
01:12:28,120 --> 01:12:29,220
Dr. Minutes.

731
01:12:30,420 --> 01:12:30,660
Left.

732
01:12:35,630 --> 01:12:37,490
This takes away the questioning park.

733
01:12:38,350 --> 01:12:38,950
She's so good.

734
01:12:38,950 --> 01:12:40,070
Good evening, Madam Chair.

735
01:12:40,170 --> 01:12:41,530
My name is Barbara Montanio.

736
01:12:41,570 --> 01:12:43,490
And I live at 113 Daniel Road.

737
01:12:43,950 --> 01:12:47,630
I am also President of the Daniel Jacobson Neighborhood Association.

738
01:12:47,630 --> 01:12:52,730
As stated in our letters previously submitted to Bernaliel County on behalf of Daniel

739
01:12:52,730 --> 01:12:58,670
Jacobson neighborhood association and members of our association, we are still in favor

740
01:12:58,670 --> 01:13:00,490
of 82 homes with amenities.

741
01:13:01,010 --> 01:13:05,670
Ninety-six were being proposed and we did lower the density by 13 additional homes.

742
01:13:06,230 --> 01:13:09,630
As a group, we reached out to many of our opposed community.

743
01:13:10,210 --> 01:13:14,730
We knew that we would have some unhappy neighbors, but we also knew how important it was

744
01:13:14,730 --> 01:13:19,050
to come to a reasonable compromise for a residential development

745
01:13:19,050 --> 01:13:22,470
that would be beneficial to all neighbors in close proximity.

746
01:13:23,290 --> 01:13:27,090
Many of us took time away from our jobs, our families,

747
01:13:27,650 --> 01:13:31,890
to attend every meeting year after year.

748
01:13:32,890 --> 01:13:37,510
Also, the last opposed circulating petition submitted many signatures

749
01:13:38,010 --> 01:13:41,670
of neighbors that had little or no involvement.

750
01:13:41,910 --> 01:13:44,250
Some never even attended a single meeting.

751
01:13:44,250 --> 01:13:53,950
Like Mr. and Mrs. Truhill, they attended very few meetings and here they stand before you all and say how impacted they're going to be.

752
01:13:54,330 --> 01:14:00,810
Well, when we came around asking them to get involved, they should have gone involved then. That's when it should have been time to be heard.

753
01:14:01,390 --> 01:14:11,790
I too have four five grandchildren that are small. I still take care of three. I have already raised my family, but yet I carried on with my grandchildren.

754
01:14:11,790 --> 01:14:17,090
And in having said that, on behalf of the Daniel Jacobs and Neighborhood Association, we will

755
01:14:17,090 --> 01:14:19,870
respect whatever decision commissioners come up with.

756
01:14:21,090 --> 01:14:21,490
Thank you.

757
01:14:21,650 --> 01:14:28,350
That's time up for the opposition of the appeal.

758
01:14:29,790 --> 01:14:33,870
So we do go next to Mr. Treveo.

759
01:14:34,330 --> 01:14:35,050
Thank you.

760
01:14:35,210 --> 01:14:36,290
We're going to the traffic study.

761
01:14:36,290 --> 01:14:44,230
It's for intersections, regarding the peak hours of traffic in the mornings.

762
01:14:46,450 --> 01:14:52,690
in the traffic study, it's stated one, one car per second for two hour.

763
01:15:00,000 --> 01:15:05,800
If I'm out in our Daniel Road, it's like 15, it'll occur a little bit, I don't know if you guys

764
01:15:05,800 --> 01:15:14,540
have been down there. It leans to me as for a safety measure that is not measured in any

765
01:15:14,540 --> 01:15:23,260
traffic study. We're talking about measurement of intersections getting through it. As far

766
01:15:23,260 --> 01:15:28,140
as the D.R. Horton, during these open community meetings, they had D.R. Horton

767
01:15:28,140 --> 01:15:33,320
operating around in there, they were present that, they're the ones who showed us the houses

768
01:15:33,320 --> 01:15:40,140
that are on the, we should do the cereals of slideshow, or the copies of the slideshow.

769
01:15:40,340 --> 01:15:46,600
Those are the, the same presentation that we got, for the community meetings with no real substance,

770
01:15:47,080 --> 01:15:55,180
no lot sizes, this and that regarding the association that is, the Jan. Jacobson neighborhood

771
01:15:55,180 --> 01:16:13,400
So I was ever part of it, many of the neighbors along this area were not also, we have also submitted those signatures that stated that they were never tribute to any of the associations,

772
01:16:15,560 --> 01:16:22,380
meetings or meetings with the developer or what they came up with in the amount of houses.

773
01:16:22,380 --> 01:16:34,300
I believe myself, which is, you know, I'm right there, those of all been in the contained

774
01:16:34,300 --> 01:16:41,300
within the reports of the staff twice or three times, and these are most of them are

775
01:16:41,300 --> 01:16:44,900
elderly that live just right along the edges of the development,

776
01:16:49,110 --> 01:16:51,790
let's see, that's all I

777
01:16:51,790 --> 01:16:52,170
have.

778
01:16:53,310 --> 01:16:56,070
Okay. Thank you. We're going to close with staff.

779
01:17:05,690 --> 01:17:08,070
Madam chair commissioners, I just wanted to.

780
01:17:08,590 --> 01:17:15,130
I don't know if it's there. It's visible because I know Mr. Lucero was looking for the site plan.

781
01:17:15,750 --> 01:17:23,790
So this is the site plan for the proposed development that the CPC recommended approval for.

782
01:17:23,790 --> 01:17:29,690
And you can see the layout, the access does come down,

783
01:17:30,670 --> 01:17:35,230
Daniel, into the development, and then there's

784
01:17:35,230 --> 01:17:37,430
around about the streets, the lots.

785
01:17:37,610 --> 01:17:42,370
And then these are the tracks, the main tracks of open space.

786
01:17:42,910 --> 01:17:47,330
Just so you could see what the proposed layout would be.

787
01:17:48,510 --> 01:17:49,890
OK, can we should do a quick one?

788
01:17:52,120 --> 01:17:53,480
Thank you, I'm sure it's staff done.

789
01:17:54,980 --> 01:17:59,380
Madam Chair, Commissioner and Delacruzette, that was my only comment by stand for questions.

790
01:18:01,320 --> 01:18:02,760
Okay, so I have some questions.

791
01:18:03,860 --> 01:18:14,180
So the context, unfortunately, you've just got the side plan just on its own there, and there's no context contextual relationship to see other.

792
01:18:14,680 --> 01:18:16,780
Okay, let's do that. That's better.

793
01:18:18,320 --> 01:18:24,180
Could you point out the access on that overhead?

794
01:18:24,880 --> 01:18:37,690
Madam chair commissioners, the access would be through Daniel Road and it's one point of access,

795
01:18:37,690 --> 01:18:44,110
so it would come in from Los Ranchos and then into Daniel.

796
01:18:45,190 --> 01:18:52,790
Okay, and then there was another emergency access point, where is that?

797
01:18:52,790 --> 01:19:01,910
Madam Chair commissioners there is a proposed emergency access, would be right here along

798
01:19:01,910 --> 01:19:09,370
Jacobson, Jacobson Lane, but it would just be for emergency purposes, would not be open

799
01:19:09,370 --> 01:19:12,490
for access to residents or the public.

800
01:19:12,490 --> 01:19:15,730
Where is that leading to what?

801
01:19:15,750 --> 01:19:18,910
So that that comes out to

802
01:19:18,910 --> 01:19:24,150
Study then you'll again Daniel Circle here and then this is second street.

803
01:19:26,210 --> 01:19:26,810
Okay.

804
01:19:30,580 --> 01:19:38,380
So staff did look at the traffic report and as a working concerns about the traffic report.

805
01:19:38,780 --> 01:19:45,120
Madam chair commissioners our public works staff reviewed the traffic impact study

806
01:19:45,120 --> 01:19:48,820
and they did not have any issues with that study.

807
01:19:56,120 --> 01:20:04,340
There's no doubt that the neighborhood separately participated in this planning effort.

808
01:20:07,040 --> 01:20:14,720
There's no doubt that there's a concern about the access and I think probably the folks who are in support of it are probably to somewhat

809
01:20:14,720 --> 01:20:21,800
concerned about that access point as well because Daniel wrote his sonero and quite frankly

810
01:20:21,800 --> 01:20:27,260
I've never seen a traffic report that was paid for a developer that said it wasn't a good

811
01:20:27,260 --> 01:20:32,320
idea to or didn't said that the traffic was traffic issues.

812
01:20:32,780 --> 01:20:40,020
That's always a concern and of course traffic is the big issue for people in the community that's generally

813
01:20:40,020 --> 01:20:43,720
speaking traffic concerns are a big issue.

814
01:20:43,720 --> 01:20:50,020
So I just wanted to get a sense of that, so are there any other comments or questions?

815
01:20:51,740 --> 01:20:53,280
Okay, thank you, Madam Chair.

816
01:20:54,140 --> 01:20:54,480
Thank you.

817
01:20:56,780 --> 01:20:57,900
Did you want to make a motion?

818
01:20:58,840 --> 01:20:59,940
Thank you, Madam Chair.

819
01:21:00,880 --> 01:21:04,440
I move that we uphold the CPC recommendation in the United States.

820
01:21:05,780 --> 01:21:12,440
Seconded out this motion in a second to uphold the CPC decision with those conditions that were applied.

821
01:21:12,440 --> 01:21:16,360
all those in favor say aye. I'll post a note motion carries.

822
01:21:23,940 --> 01:21:25,920
Okay, we'll go next to the, there's a

823
01:21:29,700 --> 01:21:31,660
item C.

824
01:21:32,500 --> 01:21:38,660
The next appeal is C-0-2014-0-0-11.

825
01:21:39,080 --> 01:21:42,760
C-S-U-2014-0-0-23.

826
01:21:45,540 --> 01:21:47,920
So let me read this again regarding our procedures.

827
01:21:52,810 --> 01:21:56,030
As appeal must be based on the evidence in the record.

828
01:21:56,650 --> 01:22:03,890
Ordinarily, no new evidence will be accepted before the county commission, however in the event that new evidence or testimony is accepted.

829
01:22:04,670 --> 01:22:08,110
The clerk will swear any witnesses who may testify concerning it.

830
01:22:08,530 --> 01:22:12,350
The order of presentation and time limits are set forth in our rules of procedure.

831
01:22:12,350 --> 01:22:17,430
Our as follows, staff presentation, five minutes, a

832
01:22:17,430 --> 01:22:20,150
Pellence presentation, ten minutes, a

833
01:22:20,150 --> 01:22:21,910
Pellence presentation, fifteen minutes.

834
01:22:30,000 --> 01:22:35,600
Followed by actions. Again, please be aware that the time limits for each side of

835
01:22:35,600 --> 01:22:42,400
Pellonson opponents is the total time allowed regardless of the number of person signed up

836
01:22:42,400 --> 01:22:48,640
to speak. So each side will need to decide how to divide the total minutes among the speakers.

837
01:22:49,200 --> 01:22:50,820
Again, with the staff's presentation.

838
01:23:04,760 --> 01:23:09,420
Good evening, Madam Chair O'Malley, and commissioners. My name is Margaret Martinez with

839
01:23:11,300 --> 01:23:22,060
I'm here to present item 4CKC0A2014-0011 and CSU2014-0023.

840
01:23:23,100 --> 01:23:25,620
This is an appeal to a condition of approval.

841
01:23:25,920 --> 01:23:30,700
I request for an amendment to an existing special use permit was recommended.

842
01:23:31,520 --> 01:23:43,640
Approval by staff and by the County Planning Commission at the August 6, 2014th public hearing, with seven findings and 14 conditions for the duration of 10 years.

843
01:23:44,240 --> 01:23:58,220
The special use permit amendment was requested to allow water tank storage sales and outdoor storage, beauty shop, barber shop, tattoo shop, a firewood sales yard, taxidermy landscape material sales and outdoor storage and auto sales on the site.

844
01:23:58,220 --> 01:24:08,660
The applicant has filed an appeal to condition number six, which is on the overhead, which requires a six foot solid wall or fence to be installed around owl outdoor storage.

845
01:24:09,220 --> 01:24:19,780
The site is located at 1342, New Mexico 333, Antihedas, on the south side of New Mexico 333. The property is owned A2 and contains approximately 1.9 acres.

846
01:24:19,780 --> 01:24:24,900
The site is located in the rural area of the Comprehensive Plan and falls within character areas

847
01:24:24,900 --> 01:24:26,700
See of the East Mountain area plan.

848
01:24:27,140 --> 01:24:31,840
The site has been operating under a special use permit for commercial activities since 1988.

849
01:24:33,340 --> 01:24:38,120
The amendment request does coincide with county adopted plans and with requirements as per resolution

850
01:24:38,120 --> 01:24:39,720
1,1686.

851
01:24:40,240 --> 01:24:44,960
In addition, the varnalial county, zoning code section 15B, 2,5A,

852
01:24:44,960 --> 01:24:50,240
It does require that all outdoor storage being closed by six foot, solid wall or fence.

853
01:24:50,900 --> 01:24:53,020
With that said, I now stand for any questions.

854
01:24:56,070 --> 01:24:56,090
Okay.

855
01:24:56,470 --> 01:24:58,930
We'll go next to other questions for staff.

856
01:25:00,490 --> 01:25:01,070
Thank you.

857
01:25:01,190 --> 01:25:01,510
All right.

858
01:25:01,670 --> 01:25:03,410
The Pellon's presentation ten minutes,

859
01:25:06,370 --> 01:25:09,550
who is appealing this decision?

860
01:25:15,780 --> 01:25:15,920
Okay.

861
01:25:16,100 --> 01:25:19,600
Good afternoon, Madam Chair and the board members.

862
01:25:19,960 --> 01:25:21,560
My name is Richard Sanchez.

863
01:25:21,560 --> 01:25:24,820
I live at 16-11, Edith Boulevard, Albuquerque,

864
01:25:24,960 --> 01:25:28,060
due to Mexico, 8-7-102.

865
01:25:29,800 --> 01:25:36,040
I have, may I put the site development plan up?

866
01:25:36,160 --> 01:25:40,460
I don't know, it'll just, this has already been.

867
01:26:06,470 --> 01:26:12,570
On August 6, 2014, I was approved regarding the case number,

868
01:26:14,580 --> 01:26:22,240
CSU 2014-0023, I think the Board of Kind of Commission for approving this special use permit.

869
01:26:23,220 --> 01:26:25,340
This is some of the wording from the application.

870
01:26:26,360 --> 01:26:42,840
I would like to extend the special use permit to allow, as a condition of approval, the use of outdoor space for business owners to expand sales products and storage without the required six foot fence enclosure or gravel and or concrete.

871
01:26:42,840 --> 01:26:47,880
Some of the water tanks that this space will house exceeds six feet.

872
01:26:48,520 --> 01:26:53,080
The other outdoor products would be the tenant sales of firewood and landscape

873
01:26:53,080 --> 01:26:59,280
and materials such as trees, brushes, and rocks, a superimposed site development plan.

874
01:27:00,020 --> 01:27:06,360
And everything that's in dark bold is the proposed outdoor storage.

875
01:27:07,340 --> 01:27:12,280
We're looking at the east side there, and there's some on the west side.

876
01:27:14,320 --> 01:27:25,080
However, I would like to appeal condition number six that states in quote all outdoor storage areas shall be enclosed by solid wall or a six foot fence on all sides.

877
01:27:25,720 --> 01:27:30,040
This condition poses many problems to the merchants that are leasing space there.

878
01:27:30,440 --> 01:27:41,560
First, the merchant that stores water tanks on the east side of the building uses the entire east lot, which is completely enclosed by a six foot chaining fence for displaying

879
01:27:41,560 --> 01:27:47,540
and has only a rotating stock of tanks that cannot be stored elsewhere on the property.

880
01:27:48,340 --> 01:27:59,420
Also, some of the tanks in stock are greater than six feet tall, and the visibility of the tanks from the street are a form of advertisement and is a greater appeal to that merchant.

881
01:27:59,420 --> 01:28:09,800
Second, the feed store merchant also uses space and has been attendance is 2005 during their

882
01:28:09,800 --> 01:28:15,740
state they have been using the West parking lot area in one former another for their stock

883
01:28:15,740 --> 01:28:16,480
merchandise.

884
01:28:17,000 --> 01:28:23,980
Some of the merchandise is stacked bundles of firewood pellets for stove fuel, fancy material

885
01:28:23,980 --> 01:28:29,300
and various other feed store products requiring these items to be enclosed by a six by

886
01:28:29,300 --> 01:28:34,300
a solid wall or a fence, six v-high on all sites would present many problems.

887
01:28:35,100 --> 01:28:40,640
One, I'm not sure if there would be enough room in the yard to fence all merchandise

888
01:28:40,640 --> 01:28:41,420
and question.

889
01:28:42,320 --> 01:28:49,440
Number two, the merchant uses a large, so my trailer to load and unload and merchandise

890
01:28:49,440 --> 01:28:53,780
and would pose extreme difficulty in doing the day-to-day operations of this business.

891
01:28:54,600 --> 01:29:04,340
I have met with the Sadio Road Greater Neighborhood Association who had written a letter of opposition in the original special use permit.

892
01:29:04,640 --> 01:29:22,520
I believe I cleared up any misunderstandings that they had about the special use permit and believed that I did receive their support to allow the merchants to use the yard space in the manner which best suits their needs without requiring fencing around the merchandise.

893
01:29:22,520 --> 01:29:28,020
I hope to get a letter of support from them.

894
01:29:28,720 --> 01:29:35,040
I do have several letters and signatures support from the surrounding community with regard

895
01:29:35,040 --> 01:29:37,400
with the original special use permit.

896
01:29:38,000 --> 01:29:44,440
I believe requiring fancy and around the outside merchandise would only serve to hinder the merchants

897
01:29:44,440 --> 01:29:50,560
and not serve any real purpose to the community because a six-foot, changing the events

898
01:29:50,560 --> 01:29:52,120
is not hide or concerned.

899
01:30:01,180 --> 01:30:16,280
The east lot is fully enclosed by a six foot chain events and the west side parking area except for the driveway gate is completely enclosed by the building and a six foot fence.

900
01:30:17,340 --> 01:30:23,980
And I also have two letters from the merchants who couldn't make it today.

901
01:30:23,980 --> 01:30:27,500
And I, is that okay if I could read the letters from?

902
01:30:27,720 --> 01:30:28,660
It's your time.

903
01:30:28,860 --> 01:30:29,500
I'm sorry.

904
01:30:30,480 --> 01:30:31,100
Yes, you may.

905
01:30:32,040 --> 01:30:32,160
OK.

906
01:30:33,300 --> 01:30:35,940
OK, so this is the, the countryside landscape.

907
01:30:36,160 --> 01:30:41,760
And he's the person that has the, the east side with the tanks.

908
01:30:43,340 --> 01:30:50,460
Dear Commission of regarding case number, CSU 2014-9023.

909
01:30:50,460 --> 01:30:54,760
This letter is to pill conditions six on the special use permit grant

910
01:30:55,600 --> 01:31:00,480
Services are you reading over you I think from the already in the you just got those I actually

911
01:31:01,460 --> 01:31:05,020
These were letters that are already in the letter. Where are we in the record?

912
01:31:06,000 --> 01:31:10,000
I am reading the letter that I just got. Yes, man. Oh, just got. Well, I

913
01:31:10,580 --> 01:31:14,460
I thought it was in the record and you just wanted to read it. It's not in the record

914
01:31:15,120 --> 01:31:16,820
So, one way I cannot read the letters.

915
01:31:17,180 --> 01:31:17,560
Not a letter.

916
01:31:17,840 --> 01:31:19,380
Can I just request to read the letters?

917
01:31:24,160 --> 01:31:24,260
No.

918
01:31:24,560 --> 01:31:24,820
Okay.

919
01:31:24,940 --> 01:31:27,020
There's a motion to hear the letters.

920
01:31:27,260 --> 01:31:27,860
Is there a second?

921
01:31:29,700 --> 01:31:31,000
Motion to second to hear the letters.

922
01:31:31,220 --> 01:31:31,680
All those numbers?

923
01:31:32,880 --> 01:31:34,080
All those numbers say aye.

924
01:31:34,660 --> 01:31:35,060
Aye.

925
01:31:35,460 --> 01:31:35,860
Yes.

926
01:31:36,380 --> 01:31:36,960
All opposed?

927
01:31:37,280 --> 01:31:37,720
Say no.

928
01:31:38,560 --> 01:31:38,640
No.

929
01:31:38,640 --> 01:31:39,120
So, it fails.

930
01:31:39,620 --> 01:31:40,300
I mean that read the letter.

931
01:31:45,740 --> 01:31:46,820
That's all I have for now.

932
01:31:48,580 --> 01:31:48,880
Okay.

933
01:31:48,880 --> 01:31:56,260
take the sticks to the app. Is there any one signed up in opposition to this appeal?

934
01:31:59,290 --> 01:31:59,450
I have

935
01:31:59,450 --> 01:32:01,990
someone in favor of the bill. Jean, pain.

936
01:32:04,860 --> 01:32:07,860
Did you sign up in opposition? No, I didn't.

937
01:32:08,100 --> 01:32:14,220
I signed up in neutral. Okay. So my name is, I'm sorry, just one word. How much time do we

938
01:32:14,220 --> 01:32:20,300
have left? Okay, you have three minutes. I'm a board member of the Sodeo Road Greater Neighborhood

939
01:32:20,300 --> 01:32:23,640
Association, as was stated, my name is Jean Payne,

940
01:32:24,580 --> 01:32:26,760
medical commissioner, and board.

941
01:32:27,100 --> 01:32:31,060
I wanted to go on record as saying that our board,

942
01:32:31,520 --> 01:32:34,860
of our neighborhood association, is neutral.

943
01:32:35,220 --> 01:32:39,880
We did not act at or say that we were going to write a letter

944
01:32:39,880 --> 01:32:40,640
of support.

945
01:32:40,880 --> 01:32:44,820
We listened to everything that Mr. Sanchez said,

946
01:32:44,840 --> 01:32:46,620
that we want to remain neutral.

947
01:32:46,620 --> 01:32:50,540
whatever the commission decides is fine with us.

948
01:32:50,800 --> 01:32:51,540
Thank you.

949
01:32:53,500 --> 01:32:53,840
Okay.

950
01:32:54,500 --> 01:32:56,180
There's no incentive for the opposition,

951
01:32:56,920 --> 01:33:01,180
so we're going to probably just make sense to go to staff closure.

952
01:33:05,650 --> 01:33:07,350
Madam Chair O'Malley commissioners,

953
01:33:07,430 --> 01:33:10,050
I just wanted to add that there are several activities

954
01:33:10,050 --> 01:33:13,870
in operation on the site, including commercial uses,

955
01:33:14,230 --> 01:33:17,450
and considering the ratio of activities to the size of the site,

956
01:33:17,510 --> 01:33:20,810
staff believes that condition 6 is a reasonable request

957
01:33:20,810 --> 01:33:27,770
in order to maintain organization on the site, and that's all I have to say.

958
01:33:28,230 --> 01:33:29,210
I just have a time for question.

959
01:33:29,530 --> 01:33:30,510
Okay, this is a real question.

960
01:33:31,350 --> 01:33:35,170
So the requirement is a solid wall, six-foot-solve wall.

961
01:33:35,910 --> 01:33:39,410
Madam Chair O'Malley, that is correct.

962
01:33:39,570 --> 01:33:42,570
The solid six-foot wall or fence.

963
01:33:43,650 --> 01:33:48,570
Okay, a four-fence could be a wood fence, could be just as a chicken seat.

964
01:33:48,570 --> 01:33:55,410
That is correct as long as it's solid okay. All right. Thank you. I'm sorry.

965
01:33:57,590 --> 01:34:08,980
Slotted chain link. Yes, that is correct. Slotted chain link is considered a solid wall sort of or fence or fence. It is okay.

966
01:34:09,080 --> 01:34:17,780
So I'm making sure. Okay. That takes us to the board action is there a motion.

967
01:34:17,780 --> 01:34:18,800
Madam

968
01:34:21,170 --> 01:34:26,570
Chair, I move we deny the appeal and uphold the decision of the CDC.

969
01:34:27,570 --> 01:34:31,390
Second, the submission and the second to a hold of the decision that you've seen.

970
01:34:31,510 --> 01:34:31,930
Did I appeal?

971
01:34:32,130 --> 01:34:33,350
All those in favor say aye.

972
01:34:33,730 --> 01:34:35,690
I also say no motion carries.

973
01:34:36,150 --> 01:34:36,270
Thank you.

974
01:34:36,330 --> 01:34:36,990
Thank you.

975
01:34:39,900 --> 01:34:44,420
So we have three appeals DE and AF.

976
01:34:44,580 --> 01:34:46,020
We're going to hear them together.

977
01:34:46,720 --> 01:34:50,960
Let me list the numbers for the record.

978
01:34:50,960 --> 01:35:14,700
It's CO-2014-009, VA-2014-005 slash VA-2014-0032, item E-C0-2014-008 slash VA-2014-006 slash VA-2030 and

979
01:35:15,780 --> 01:35:29,500
FCO 2014-0010-PA 2014-0007-C82014-0029 we will hear them all at once but we will have

980
01:35:29,500 --> 01:35:38,000
to make individual motions for the different items. So again we're going to go ahead and

981
01:35:38,000 --> 01:35:46,560
the procedures. It's appealed based on the evidence in the record. Ordinary, no new evidence

982
01:35:46,560 --> 01:35:51,180
will be accepted before the county commission. However, in the event that new evidence

983
01:35:51,180 --> 01:35:57,600
or testimonies accepted, the clerk will swore any witnesses who may testify concerning it.

984
01:35:58,040 --> 01:36:02,440
The order of the presentation and time limits is set forth in the procedure is followed.

985
01:36:02,440 --> 01:36:05,600
So, staff presentation, five minutes.

986
01:36:06,300 --> 01:36:07,220
So, it's presentation.

987
01:36:07,660 --> 01:36:08,100
Ten minutes.

988
01:36:08,380 --> 01:36:10,860
Opponents, presentation, 15 minutes.

989
01:36:11,120 --> 01:36:13,180
Appellants, summation of reputal, five minutes.

990
01:36:14,080 --> 01:36:15,340
Staff closure, two minutes.

991
01:36:16,040 --> 01:36:18,600
We're discussion in questions and then vote by action.

992
01:36:19,220 --> 01:36:21,820
Please be aware that the time limits for each side.

993
01:36:22,140 --> 01:36:24,580
Appellants and opponents is the total time,

994
01:36:24,760 --> 01:36:28,480
allow regardless of the number of persons signed up to speak.

995
01:36:29,240 --> 01:36:32,420
So, each side will need to decide how to divide the total

996
01:36:32,420 --> 01:36:34,540
minutes among the speakers.

997
01:36:39,040 --> 01:36:39,140
Hello.

998
01:36:40,520 --> 01:36:43,520
Just a point of clarification in regards to the time limits.

999
01:36:43,600 --> 01:36:48,440
Since we have three appeals that we're hearing, I'm entitled to five minutes.

1000
01:36:48,700 --> 01:36:53,820
I'm thinking I'll finish within five minutes, but didn't know if I would have 15 minutes

1001
01:36:53,820 --> 01:36:55,400
since there are three appeals.

1002
01:36:58,200 --> 01:36:59,840
That'd be a step presentation first.

1003
01:36:59,840 --> 01:37:00,740
So,

1004
01:37:02,960 --> 01:37:05,280
I guess technically you would have 15 minutes.

1005
01:37:07,080 --> 01:37:08,540
Let's see if you can't make it in less.

1006
01:37:09,300 --> 01:37:10,300
Thank you.

1007
01:37:11,560 --> 01:37:12,480
Oh, Australia.

1008
01:37:13,380 --> 01:37:14,040
I'm sure.

1009
01:37:17,690 --> 01:37:18,290
Backfires.

1010
01:37:19,030 --> 01:37:19,630
What?

1011
01:37:19,630 --> 01:37:19,810
What?

1012
01:37:29,090 --> 01:37:29,770
I'm in bed.

1013
01:37:30,980 --> 01:37:39,040
Okay. Well, we're going to do that then. We'll add five minutes to each of the presentations.

1014
01:37:40,120 --> 01:37:42,660
And maximum of five minutes. Thank you.

1015
01:37:42,720 --> 01:37:51,000
Okay. Thank you, Madam Chair. My name is 20th of Garcia, and I'm the Zoning Administrator for Bernalale County with Planning and Development Services.

1016
01:37:51,000 --> 01:37:59,060
And this is I at regarding items for D for E and for F.

1017
01:38:00,180 --> 01:38:13,180
Agenda items for D and E are appeals of the board of adjustments decision to uphold the zoning administrators conditions of approval for a conditional use to allow a mobile home to be used as a single family dwelling.

1018
01:38:13,180 --> 01:38:20,020
The property is owned A1, and requires a conditional user approval to allow a mobile home as a dwelling.

1019
01:38:21,480 --> 01:38:27,760
And so to give a point of reference of the properties that we're talking or the site that we're talking about,

1020
01:38:27,860 --> 01:38:30,260
we've got two different sites.

1021
01:38:33,660 --> 01:38:36,540
This site here has a mobile home,

1022
01:38:36,720 --> 01:38:43,420
and this is the conditional use for a dwelling unit that was requested by the applicant.

1023
01:38:44,260 --> 01:38:51,180
And this is the second conditional use for a mobile home as a dwelling unit that was requested.

1024
01:38:57,820 --> 01:39:04,160
The appellant has appealed condition number two, which reads, and I haven't identified here.

1025
01:39:09,380 --> 01:39:22,140
The applicant will be required to obtain legal and acceptable vehicular access from the subject property to the nearest Bernalio County dedicated right away in accordance with Bernalio County standards within six months of this approval.

1026
01:39:22,140 --> 01:39:34,300
The appellant as opposed to this request to this condition of approval and states that the condition is an abuse of discretion and also states that Burliel County should be required to provide the access.

1027
01:39:34,900 --> 01:39:40,840
However, this access requirement is expected of all developments where development is to occur.

1028
01:39:40,840 --> 01:39:58,700
Agenda item F is an appeal of the Board of Adjustments decision to uphold the zoning administrators decision to deny a conditional user approval to allow for a mobile home for a three year period in addition to a single family dwelling for medical hardship.

1029
01:39:59,700 --> 01:40:11,920
So to give a point of reference in regards to that site or that request, this is the site that is also requesting a second conditional use approval for the mobile home for medical hardship.

1030
01:40:13,740 --> 01:40:19,680
Originally, the site only had two mobile homes, the one up front, and the one in the rear.

1031
01:40:20,740 --> 01:40:32,740
However, our office initiated action against the property owner because the property owner brought a triple-wide mobile home to the site without proper permits.

1032
01:40:33,880 --> 01:40:37,060
And so that's what initiated this action to begin with.

1033
01:40:37,440 --> 01:40:41,920
This mobile home had been at this location of where this triple-wide is now.

1034
01:40:42,840 --> 01:40:48,400
And when the triple-wide was brought in, the single-wide mobile home was placed in the back.

1035
01:40:48,400 --> 01:40:54,440
And the applicant has testified that if granted approval to allow the mobile home,

1036
01:40:54,900 --> 01:41:01,420
for medical hardship, the triple-wide, this mobile home, the single-wide mobile home, would be removed.

1037
01:41:06,950 --> 01:41:14,510
So the properties are located at 7665 and 7565 powers weight self-west,

1038
01:41:15,170 --> 01:41:18,010
and are located in the areas known as Bahadi Thomezza.

1039
01:41:18,010 --> 01:41:32,750
The subject sites are 9.64 acres and 10.11 in size, and currently contain the two mobile homes in question and which had been placed on the site back in 2002.

1040
01:41:33,730 --> 01:41:41,750
So the two mobile homes that are being requested for approval to be used as dwelling units were placed in the site in 2002.

1041
01:41:43,440 --> 01:41:54,800
And I have photographs showing, this is the mobile home, that is on the site that has just one mobile home.

1042
01:41:59,020 --> 01:42:06,360
And this is also a portion, a picture of the site that shows the site and its general conditions.

1043
01:42:10,490 --> 01:42:21,390
This is a copy or a photograph of the mobile home for the other site that is requesting for two different requests, two different conditional uses.

1044
01:42:22,030 --> 01:42:24,430
So, this is the mobile home in question.

1045
01:42:24,570 --> 01:42:30,010
This is the one that was placed on the site back in 2002, which has been modified since then

1046
01:42:30,010 --> 01:42:32,250
with additions to the mobile home itself.

1047
01:42:41,000 --> 01:42:45,660
And I apologize if pictures are sort of really reflective because of the printing.

1048
01:42:46,260 --> 01:42:50,220
But this is the photograph of the triple wide mobile home that was brought in that initiated

1049
01:42:50,220 --> 01:42:51,100
this action.

1050
01:42:51,520 --> 01:42:57,880
And this is the mobile home that was placed, which currently has is being used as a dwelling

1051
01:42:57,880 --> 01:43:02,680
in it by residents in that area.

1052
01:43:06,660 --> 01:43:10,000
This is a close-up view of the Triple Wide Mobile Home.

1053
01:43:14,380 --> 01:43:21,040
When we initiated action against the property owner, they had not completed the connections

1054
01:43:22,000 --> 01:43:26,200
to the mobile homes, and so that's why they're in this condition, although they have

1055
01:43:26,200 --> 01:43:33,400
been worked on since then, since these photographs have been taken where they've been

1056
01:43:33,400 --> 01:43:34,800
closer together.

1057
01:43:38,440 --> 01:43:45,100
This is a site that contains, this is a photo of the site which is

1058
01:43:45,100 --> 01:43:51,480
this site here which is the request for the two different conditional uses. This is what's

1059
01:43:51,480 --> 01:43:59,560
currently being used by that single-wide mobile home. It's being used for the sewer.

1060
01:44:15,100 --> 01:44:15,860
As you

1061
01:44:15,860 --> 01:44:20,980
movements, such as well, septic tank solar panels in order to provide utilities.

1062
01:44:21,300 --> 01:44:24,920
All improvements made to the site have not been permitted by Burnley O'Counny.

1063
01:44:25,900 --> 01:44:30,100
The site is located approximately over one mile from the nearest improved and dedicated

1064
01:44:30,100 --> 01:44:35,340
road and the conditional use approval will require the applicant to acquire an access

1065
01:44:35,340 --> 01:44:39,820
easement from the neighboring property owners and make the necessary improvements for

1066
01:44:39,820 --> 01:44:41,840
the dedicated access easements.

1067
01:44:43,000 --> 01:44:47,480
The applicant currently drives through the properties to reach the subject site.

1068
01:44:47,660 --> 01:44:56,760
And so just to give a point of reference in regards to what we're talking about and how much access is required to the specific site.

1069
01:45:00,000 --> 01:45:00,140
Right,

1070
01:45:02,920 --> 01:45:29,540
we have the nearest approved access, being at this junction here. There would need to be access along this area, to this area, and then to these two lots, which is the location of the two subject properties, so given the measurements of this area, it's a little bit more than an acre.

1071
01:45:30,500 --> 01:45:36,160
And, of course, they can take another route if there is a shorter distance.

1072
01:45:36,460 --> 01:45:42,320
We are not opposed to that, just if this is just a demonstration of how much of an access

1073
01:45:42,320 --> 01:45:46,760
movement would be required for to reach the subject site.

1074
01:45:47,720 --> 01:45:53,120
The appellant has signed an access deficiency notice, which is a document that's been signed

1075
01:45:53,120 --> 01:45:57,440
by property owners and instances where vehicular access does not exist.

1076
01:45:57,440 --> 01:46:06,900
This document was intended to hold Burlio County harmless in cases where a property owner continues to develop on the property without the necessary vehicular access.

1077
01:46:07,560 --> 01:46:10,820
When reviewing this condition, conditional use application,

1078
01:46:14,630 --> 01:46:17,590
and this is just a copy of the notice, deficiency notice.

1079
01:46:21,390 --> 01:46:29,610
It was determined by the VA and the VA that deficiency notice is not intended to allow for development to occur in those areas,

1080
01:46:29,610 --> 01:46:34,690
where vehicular access is not available, therefore this notice was not considered.

1081
01:46:35,750 --> 01:46:44,490
At the BA hearing, the applicant indicated that some signatures had been obtained from adjacent property owners to allow for an access easement to be dedicated

1082
01:46:44,490 --> 01:46:49,070
from the nearest dedicated and improved road to the subject site.

1083
01:46:49,670 --> 01:46:58,190
Here in this, the BA granted an extension to the condition of approval that requires the applicant to provide access to the site from six months to one year.

1084
01:46:58,190 --> 01:47:08,070
The appellant was asked at the VA hearing if they believed if the conditional condition of approval could be met within 12 months and the appellant replied that they could.

1085
01:47:08,410 --> 01:47:15,710
However, we are here today because the appellant is again against the condition that will require the applicant to provide the hecular access.

1086
01:47:18,380 --> 01:47:27,460
The VA and the VA determined that the request did meet the criteria outline for the ordinance for conditional use for CO 2014-008.

1087
01:47:27,460 --> 01:47:41,980
CO-2014-001-10 and CO-20409 in regards to the criteria that requires a site to be adequate

1088
01:47:41,980 --> 01:47:45,180
in size and shape to accommodate such a use.

1089
01:47:45,720 --> 01:47:49,760
The lots are obviously large enough to accommodate the mobile homes.

1090
01:47:50,640 --> 01:47:55,620
The placement of the mobile home on the subject site would not have an adverse effect

1091
01:47:55,620 --> 01:48:00,280
on the neighborhood, or seriously conflict with the character of the area, since there are other mobile

1092
01:48:00,280 --> 01:48:03,140
homes that lead to the subject property.

1093
01:48:04,280 --> 01:48:09,740
In regards to the conditional uses to allow the mobile home as dwelling units, the condition

1094
01:48:09,740 --> 01:48:14,740
of approval that requires the applicant to provide the particular access to the site will allow

1095
01:48:14,740 --> 01:48:19,500
the site to meet the criteria which requires uses to be developed in such a manner that

1096
01:48:19,500 --> 01:48:22,500
undue traffic congestion or hazards will not be created.

1097
01:48:22,500 --> 01:48:31,180
The construction of a road will allow for a guaranteed access to the site that cannot be affected by weather or the prohibition from other property owners.

1098
01:48:32,040 --> 01:48:43,900
However, the application did not meet the condition, conditional use criterion that requires proposed uses to be developed in such a manner that undue traffic congestion or hazards will not be created.

1099
01:48:43,900 --> 01:48:51,300
With that, without the construction of a road, the site is not guaranteed access and the applicant's current access points cannot

1100
01:48:51,300 --> 01:48:55,160
can be affected by weather or the prohibition from other property owners.

1101
01:48:55,740 --> 01:49:10,480
In addition, since CO-2040-009 is related to a medical hardship, it was determined that lack of vehicular access will prevent emergency vehicles provided by Borneo County to reach the site in a timely manner.

1102
01:49:10,480 --> 01:49:22,940
And so the BA's recommendation is to grant the appeals in part for CO-20408 and CO-204010.

1103
01:49:23,640 --> 01:49:33,380
Thereby modifying the zoning administrators conditions of approvals number 2 and 3 in order to allow the applicant time to fulfill the legal vehicular access requirement.

1104
01:49:33,900 --> 01:49:43,780
Both the B.A. and the Z.A. recommends the NIO CO 2014-0009, which is a conditional use to allow a mobile home for medical hardship.

1105
01:49:44,280 --> 01:49:46,220
And so with that I stand with for any questions.

1106
01:49:50,120 --> 01:49:50,800
Thank you.

1107
01:49:52,640 --> 01:49:54,260
Moving on to the appellate,

1108
01:50:03,420 --> 01:50:04,340
you have 10 minutes.

1109
01:50:06,880 --> 01:50:07,980
And that's for all three cases.

1110
01:50:09,260 --> 01:50:11,360
You will have 10 minutes at this point.

1111
01:50:11,420 --> 01:50:13,100
You can share it with others if you want.

1112
01:50:13,880 --> 01:50:16,120
So it's only 10 for all three cases.

1113
01:50:16,120 --> 01:50:22,500
You have 10 minutes at this point. You will have a rebuttal of five minutes after the little later.

1114
01:50:22,860 --> 01:50:29,360
Okay, all righty. Okay, so starting with we have resinated in Pacharito Meso for over 10 years.

1115
01:50:29,640 --> 01:50:34,680
Pacharito Meso has existed over 30 years and there are no services.

1116
01:50:35,180 --> 01:50:41,140
We have you purchased the land. We were not told that we could not move live or build there in the property.

1117
01:50:41,140 --> 01:50:46,140
We went ahead and purchased the land with the intention to use it for the residential purposes.

1118
01:50:46,780 --> 01:50:51,000
After we purchased the land, the first thing we did was build a fence around it.

1119
01:50:51,460 --> 01:50:56,100
We went to the Bernolio County Department's zoning building planning office to obtain the permit.

1120
01:50:56,700 --> 01:51:05,740
At the same time, we asked what were the requirements for the permit needed to move a mobile home or building in the property we had purchased.

1121
01:51:05,740 --> 01:51:12,620
We were told that we did not need any type of permit since the county did not have any plans

1122
01:51:12,620 --> 01:51:17,000
or was dealing with Mahaito Mesa and that there were no services in that area.

1123
01:51:17,720 --> 01:51:23,600
We purchased a mobile home at the same time and the same company where we purchased

1124
01:51:23,600 --> 01:51:28,960
the mobile home to our land and they also told us it was not necessary for us to obtain any type

1125
01:51:28,960 --> 01:51:32,700
of permit at the time that we moved to Mahaito Mesa.

1126
01:51:32,700 --> 01:51:36,820
There were only few houses and mobile homes in the area where people were living.

1127
01:51:37,500 --> 01:51:42,020
As time passed, we started to notice that more people were moving to live in the area.

1128
01:51:42,500 --> 01:51:48,700
Nobody was being asked for any permits. It was until around 2009 when Bernal York County

1129
01:51:48,700 --> 01:51:54,360
started getting involved. And it was in 2009 when the community got together to support the

1130
01:51:54,360 --> 01:51:59,360
water association to build a water welfare party domestic community. The county helped with the

1131
01:51:59,360 --> 01:52:01,880
building in the road to where the well was established.

1132
01:52:02,360 --> 01:52:04,840
The county also helped with bringing a portable roof

1133
01:52:04,840 --> 01:52:06,280
for the children Pachari Domessa,

1134
01:52:06,800 --> 01:52:09,640
who had to wait for the school bus during the cold winter

1135
01:52:09,640 --> 01:52:10,960
in the hot summers outside,

1136
01:52:11,360 --> 01:52:12,560
where the Pachari Tolrodans.

1137
01:52:12,980 --> 01:52:15,060
Since the county was supporting the community

1138
01:52:15,060 --> 01:52:18,200
in some way, Pachari Domessa residents have confidence

1139
01:52:18,200 --> 01:52:20,980
that the county is really interested in helping the community.

1140
01:52:21,440 --> 01:52:23,860
It was until when the county assigned Mr. Gallegos

1141
01:52:23,860 --> 01:52:26,220
to ask and help Pachari Domessa residents

1142
01:52:26,220 --> 01:52:28,220
to obtain permits for their houses.

1143
01:52:28,220 --> 01:52:29,980
So we're solar systems and

1144
01:52:30,000 --> 01:52:40,400
Now, the permits required by the county. First, we were told that we needed to obtain the original title for the first owner of our property in order to put the property into existence in the map.

1145
01:52:41,020 --> 01:52:56,420
Then we were asked to do a survey and give easement 25 feet all around the ten acres property and sign an access deficiency notice letter stating that the legal access does not exist from our property to the nearest Bernolio kinding maintenance row.

1146
01:52:56,420 --> 01:53:01,700
We were told that if we met this requirement, the county was going to start giving us permits.

1147
01:53:02,400 --> 01:53:12,020
I have spent over $900 doing this process without being able to get any permits since the county is not willing to come to an agreement to help the Pachari documentary.

1148
01:53:12,840 --> 01:53:17,200
Now the county is telling us that we cannot obtain permits until we obtain legal access.

1149
01:53:18,000 --> 01:53:22,540
Vehicle access in accordance with Bernaleo County standards with 12 months.

1150
01:53:22,540 --> 01:53:27,460
And that is not a reasonable amount time and it is not an easy task.

1151
01:53:28,840 --> 01:53:41,300
From where Pahaito Road ends to where my properties located, I have the task to investigate who the owners of the properties are and ask them to give easement in order to establish roads there is land.

1152
01:53:42,380 --> 01:53:45,260
That is not occupied and some owners even live out of state.

1153
01:53:45,260 --> 01:53:48,600
I am not sure if every owner is willing to give

1154
01:53:48,600 --> 01:53:52,760
easement and pay a related cost and I do not have the authority

1155
01:53:52,760 --> 01:53:55,260
to enforce something like that.

1156
01:53:56,860 --> 01:53:59,780
The community of Pahaito Mesa is willing to work with accounting.

1157
01:54:01,720 --> 01:54:07,280
And then this is the Mac similar to what she used.

1158
01:54:07,780 --> 01:54:13,260
But this is more specifying which land owners are to

1159
01:54:14,520 --> 01:54:20,340
that we have to contact to get the 25 feet of easing. What do you guys like to see that?

1160
01:54:22,620 --> 01:54:24,340
Has it been entered into the record already?

1161
01:54:24,340 --> 01:54:28,840
It's been in record, but it's basically the same thing. We just have the information of the owners.

1162
01:54:29,740 --> 01:54:30,920
Oh, kind of make a motion.

1163
01:54:36,470 --> 01:54:41,710
We have a motion a second.

1164
01:54:41,790 --> 01:54:42,570
On to the side.

1165
01:54:43,510 --> 01:54:44,850
Post motion carries. Go ahead.

1166
01:54:44,850 --> 01:54:46,110
So,

1167
01:54:48,930 --> 01:54:59,670
this is the map, this is where Pahari Toro ends and all these right here are the people that we need to ask that are willing to give those 25 feet.

1168
01:55:00,230 --> 01:55:05,630
We started already asking those property owners to give those 25 feet.

1169
01:55:06,070 --> 01:55:15,410
Some are compliance and some other we have the ones that have question mark are either in another state, so we have to contact them by now.

1170
01:55:15,410 --> 01:55:26,470
So, so far we've been working to get this road here, the 25 feet all around for our property to get access vehicle.

1171
01:55:28,950 --> 01:55:35,510
So, I have communicated with many owners that are currently living in Pahaito regarding giving me an order for the roads to be established.

1172
01:55:36,190 --> 01:55:41,950
And most of them are willing to do it. However, we need the county support. It appears that every time you ask for something,

1173
01:55:41,950 --> 01:55:47,070
and we ask you to do just keep giving us new conditions without getting anything resolved.

1174
01:55:47,750 --> 01:55:52,310
We need to know exactly what the county wants and stop making us waste our time and resources

1175
01:55:52,310 --> 01:55:58,270
if they are not willing to come to an agreement and to let us live in peace in Pacharito.

1176
01:55:58,850 --> 01:56:02,150
We need to support the support of the county.

1177
01:56:02,610 --> 01:56:08,350
We are almost 100% sure positive that the county gets some funding from the Pacharito Mesa community.

1178
01:56:08,350 --> 01:56:16,010
And we would like to use those funders to work for our community, also as taxpayers.

1179
01:56:16,550 --> 01:56:19,870
We have the right and we have the right to be treated fairly.

1180
01:56:20,190 --> 01:56:24,490
We are conscious that every owner, Pacharito, messa, pays different amounts of taxes.

1181
01:56:24,890 --> 01:56:29,030
Some pay nothing and some pay over a thousand dollars, however, the county is responsible

1182
01:56:29,030 --> 01:56:35,470
for establishing a special district for a regulation and collection of taxes for Pacharito messa.

1183
01:56:35,470 --> 01:56:37,430
and utilizes these funds in support,

1184
01:56:37,670 --> 01:56:39,850
the communities such as helping us now

1185
01:56:39,850 --> 01:56:42,250
with the project of construction roads.

1186
01:56:42,810 --> 01:56:44,550
The county allowed us to move and establish

1187
01:56:44,550 --> 01:56:46,630
our homes in Pacharit Domessa a year ago

1188
01:56:46,630 --> 01:56:48,770
and what the county is trying to enforce now

1189
01:56:48,770 --> 01:56:51,290
should have been done when the family started to move

1190
01:56:51,290 --> 01:56:52,310
and live in Pacharit.

1191
01:56:52,690 --> 01:56:54,670
Now the county is giving us conditions

1192
01:56:54,670 --> 01:56:56,490
after condition to obtain permits

1193
01:56:56,490 --> 01:56:59,670
as if they want us to give up and move out of our properties.

1194
01:57:00,390 --> 01:57:02,650
All the residents that have lived and established

1195
01:57:02,650 --> 01:57:04,490
the residents of Pacharit Domessa

1196
01:57:04,490 --> 01:57:07,070
for the past year, deserve the right to stay in Pachai.

1197
01:57:07,130 --> 01:57:09,750
Don't mess up and should be grandfathered in.

1198
01:57:10,350 --> 01:57:16,550
So now I would like to use the rest of the time to have...

1199
01:57:17,090 --> 01:57:18,510
How much time is left?

1200
01:57:19,470 --> 01:57:20,110
How much time?

1201
01:57:21,870 --> 01:57:22,470
We have three minutes.

1202
01:57:28,980 --> 01:57:33,400
Mr. Chair, members of the Commission, my name is Craig A. Corn and I'm a attorney who's

1203
01:57:33,400 --> 01:57:37,160
been working with the residents of Pachai to Mesa for some years now.

1204
01:57:37,160 --> 01:57:56,400
First thing I want to say is that the time limit that you've imposed Mr. Chair is not what the Chair originally said and what I believe the clerk of this body has said, which is that given that there's three matters being heard that at least five minutes extra would be added on to each of the time.

1205
01:57:57,120 --> 01:58:03,600
So I'm going to ask, Randy, can you clarify that I wasn't paying close enough attention to whether Chair was going over the time allocation?

1206
01:58:04,220 --> 01:58:10,640
I guess on this question, Chair, I think it is appropriate, since there are three of

1207
01:58:10,640 --> 01:58:12,200
deals to add.

1208
01:58:16,400 --> 01:58:17,060
That's fine.

1209
01:58:17,140 --> 01:58:18,480
Go ahead and proceed the other extra time.

1210
01:58:18,600 --> 01:58:25,020
I appreciate that, Mr. Chair, and what I want to do is give a little context because this

1211
01:58:25,020 --> 01:58:28,920
is a planning commission matter.

1212
01:58:29,700 --> 01:58:35,400
We've been talking about context in all of the other matters, and so it's not limited to,

1213
01:58:35,400 --> 01:58:45,780
specifically this, this lot and the problems associated with it, this is kind of in the context

1214
01:58:45,780 --> 01:58:49,920
of the development on Pahaditamesa over the years.

1215
01:58:50,600 --> 01:58:56,440
And I think you just sort of brilliant presentation by the custom yet us about what has

1216
01:58:56,440 --> 01:58:57,740
gone on with their property.

1217
01:58:59,060 --> 01:59:05,380
You saw from the county planning, some troubling pictures, I think that we're intended

1218
01:59:05,380 --> 01:59:11,620
to make it look like this is an awful kind of place when these folks, I've been to their

1219
01:59:11,620 --> 01:59:17,120
residents and they've done a lot to make sure that their residents is one that anybody

1220
01:59:17,120 --> 01:59:21,260
would be proud of, and they've done that with very little resources.

1221
01:59:21,960 --> 01:59:26,600
So what I want to say is that this is not a typical housing development, even though it's

1222
01:59:26,600 --> 01:59:32,800
been allowed to develop that way. Typically, housing development would have to be planned

1223
01:59:32,800 --> 01:59:38,060
been plated by the developers, and roads would go in, and infrastructure would go in.

1224
01:59:38,280 --> 01:59:40,100
That is not what happened on Pahari Thomesa.

1225
01:59:40,840 --> 01:59:41,500
There's no water.

1226
01:59:41,580 --> 01:59:42,320
There's no roads.

1227
01:59:42,380 --> 01:59:43,120
There's no sewers.

1228
01:59:43,380 --> 01:59:44,020
There's no electricity.

1229
01:59:46,200 --> 01:59:51,660
And the folks who lived out there are pioneers who really attempted to carve out a piece of the American

1230
01:59:51,660 --> 01:59:52,320
Dream for themselves.

1231
01:59:52,320 --> 01:59:55,960
Like the customers have done, and they've done that for many years.

1232
01:59:56,740 --> 01:59:58,980
And they've done that with full knowledge of the county.

1233
01:59:58,980 --> 01:59:59,860
end end.

1234
02:00:00,000 --> 02:00:07,160
Agreed from time to time about some of the issues here. And specifically about what the county's obligations

1235
02:00:07,160 --> 02:00:16,380
are to the people who live there. And people who live in a residential community have the right to,

1236
02:00:16,380 --> 02:00:23,960
I think, expect that they have some level of support from the county, from their government, to have a safe

1237
02:00:23,960 --> 02:00:31,000
community. And when you saw a picture of an open hole where sewage is being put in, that is

1238
02:00:31,000 --> 02:00:36,880
not of something that the customers have welcomed. They've, in fact, made every effort

1239
02:00:36,880 --> 02:00:44,840
to make a healthy environment for living. And they haven't been able to be granted permits

1240
02:00:44,840 --> 02:00:52,820
on that. The main issue here, of course, is that these parcels were served, willy,

1241
02:00:53,500 --> 02:00:58,060
as if they were agriculture parcels, and they've been sold for many years on

1242
02:00:58,060 --> 02:00:59,720
parties, I may say, in just that way.

1243
02:01:00,340 --> 02:01:03,500
And that's, that's, you know, didn't happen in the dark.

1244
02:01:03,780 --> 02:01:09,200
I mean, county knows that big landowners have been selling large parcels of property

1245
02:01:09,200 --> 02:01:13,740
out there to poor people, intended for use for residential use.

1246
02:01:14,160 --> 02:01:17,220
And people have been moving their trailers out there, and they've, and they've

1247
02:01:17,220 --> 02:01:20,060
pioneered out there, and they've persevered out there.

1248
02:01:20,060 --> 02:01:26,980
And they've built their own roads, essentially, and while those aren't legal roads, there's certainly legal access.

1249
02:01:28,260 --> 02:01:42,640
And so the technical requirement that access be along legally defined easements is a very high bar to place on people with very few resources.

1250
02:01:42,640 --> 02:01:47,760
especially when many of these parcels that stand between where the

1251
02:01:47,760 --> 02:01:53,900
costinators are and where the legal right of way are is it's not even known

1252
02:01:53,900 --> 02:01:57,800
who owns those places it's very difficult to track that because some of

1253
02:01:57,800 --> 02:02:01,720
those some of the land sales out there have just not been recorded by the county

1254
02:02:01,720 --> 02:02:05,760
so it's very difficult for someone who isn't isn't a lawyer who doesn't have a

1255
02:02:05,760 --> 02:02:09,680
lot of resources to be able to track who has the title to those properties and

1256
02:02:09,680 --> 02:02:17,080
grant an easement, let alone get that person to agree to provide that easement, and then build

1257
02:02:17,080 --> 02:02:17,700
a road.

1258
02:02:18,080 --> 02:02:21,380
You're asking some of the poorest people in the state, some of the poorest people in this

1259
02:02:21,380 --> 02:02:26,720
county to do what the county is not, maybe not those, and have the resources to do.

1260
02:02:27,340 --> 02:02:30,100
And you're asking them to do it in a very short time limit.

1261
02:02:30,720 --> 02:02:34,500
And again, these are people who have pioneered out their, who have persevered out there.

1262
02:02:34,860 --> 02:02:37,800
And they've done everything they could to meet the requirements.

1263
02:02:37,800 --> 02:02:48,060
And so it strikes me as somewhat disingenuous to now impose this kind of requirement, particularly

1264
02:02:48,060 --> 02:02:56,220
disingenuous as the one that says in order to grant a conditional use for a medical variance.

1265
02:02:57,280 --> 02:03:01,260
The problem is there's no access and so emergency services can't get out there.

1266
02:03:01,260 --> 02:03:08,560
Now, Commissioner Delacruz, I know, has worked with residents out there on providing better

1267
02:03:08,560 --> 02:03:10,980
community access to emergency services.

1268
02:03:11,000 --> 02:03:12,420
This is a better problem out there.

1269
02:03:12,940 --> 02:03:18,200
It's not something that's new, and it's not something specific to the customers, where

1270
02:03:18,920 --> 02:03:25,720
they should have all of the onus of getting that access on them.

1271
02:03:25,920 --> 02:03:27,180
Nobody else in this county.

1272
02:03:27,460 --> 02:03:31,140
Nobody else in this room, I suspect, lives in a place where they have to worry about whether

1273
02:03:31,140 --> 02:03:35,400
There's legal access and whether an ambulance can get to them, whether the police can get

1274
02:03:35,400 --> 02:03:35,660
to them.

1275
02:03:35,760 --> 02:03:40,720
People on Pahari, they'll miss a have that problem and they have that problem because

1276
02:03:40,720 --> 02:03:48,000
this development was allowed to go forward and with county acquiescence and that happened.

1277
02:03:48,440 --> 02:03:55,260
We can't go backwards in time but we can't go forward in a more just way and say, the county

1278
02:03:55,260 --> 02:04:03,500
It has some responsibility to work with these folks in more ways than just providing them with

1279
02:04:03,500 --> 02:04:06,460
requirements that it's almost impossible for them to meet.

1280
02:04:06,880 --> 02:04:13,200
There has to be some given on the part of the county and there has to be some assistance

1281
02:04:13,200 --> 02:04:17,640
on the part of the county to identify people and to help build those roads if that's really

1282
02:04:17,640 --> 02:04:18,360
the requirement.

1283
02:04:18,720 --> 02:04:24,840
If that's really what's at stake here and I know and I think other members of the commission

1284
02:04:24,840 --> 02:04:31,900
and certainly members of the planning department know that there are many other residents

1285
02:04:31,900 --> 02:04:35,720
on Paharito who are going to be facing this exact same issue.

1286
02:04:36,200 --> 02:04:41,960
This is the beginning of almost everybody who lives out there needing to have legal access

1287
02:04:41,960 --> 02:04:43,920
and going to have the same difficulty.

1288
02:04:44,380 --> 02:04:53,340
And so the customers are here as the first wave of people who are facing this problem and

1289
02:04:53,340 --> 02:04:55,080
that have been working hard,

1290
02:04:55,480 --> 02:04:57,560
been working with the neighborhood association,

1291
02:04:57,900 --> 02:05:01,260
with other residents working with advocates like myself,

1292
02:05:02,720 --> 02:05:06,960
working with the commission to try and solve this problem

1293
02:05:06,960 --> 02:05:09,360
that has been a very difficult problem.

1294
02:05:10,500 --> 02:05:16,080
And it requires more than simply setting a requirement

1295
02:05:16,080 --> 02:05:21,160
up that is really difficult for these folks to meet.

1296
02:05:21,160 --> 02:05:29,580
So I'm going to ask you to grant this appeal and to order the planning department to work with.

1297
02:05:29,920 --> 02:05:37,440
The residents of Pahari Thamesa to get access to be able to legalize their properties.

1298
02:05:38,020 --> 02:05:43,160
Because this has been something that the county has known about for a long time has actually

1299
02:05:43,160 --> 02:05:48,100
and this development has never, never stopped people from selling land.

1300
02:05:49,100 --> 02:05:52,480
There's a sign out there that says, buying land might be illegal.

1301
02:05:54,000 --> 02:05:58,900
But the sellers are property out there who sell to people who are vulnerable,

1302
02:06:00,460 --> 02:06:04,000
making promises about infrastructure that has never developed,

1303
02:06:04,540 --> 02:06:07,880
making promises that this is land that can be used for residential purposes,

1304
02:06:07,880 --> 02:06:14,280
those people. There's been no action that to my knowledge has ever been taken against those folks.

1305
02:06:14,500 --> 02:06:19,040
All of the burden has been placed on the poorest people who have bought their in good faith,

1306
02:06:19,440 --> 02:06:22,940
and are just trying to make it make their way.

1307
02:06:23,360 --> 02:06:26,760
And so with that, I'll stand aside. Thank you.

1308
02:06:29,920 --> 02:06:31,560
How much time was it left so far?

1309
02:06:32,960 --> 02:06:33,820
17 minutes.

1310
02:06:34,960 --> 02:06:37,560
I will allow a few more minutes if you have another person to speak.

1311
02:06:37,560 --> 02:06:38,700
Good

1312
02:06:44,080 --> 02:06:47,420
evening, Chairman De La Cruz and members of the Commission.

1313
02:06:48,000 --> 02:06:52,360
My name is Reed Cole-Facts on Fair Housing Lawyer from Santa Fe.

1314
02:06:52,980 --> 02:06:57,980
And I have been asked by the residents to look at the situation that they're facing

1315
02:06:57,980 --> 02:07:04,200
on Paharita Mesa in doing analysis of whether there are fair housing concerns

1316
02:07:04,940 --> 02:07:11,600
in terms of the land sellers of Paharita Mesa's actions as well as the county's actions.

1317
02:07:12,540 --> 02:07:19,180
I'm at the beginning stages of that process, but what I want to focus on here are really

1318
02:07:19,180 --> 02:07:21,660
two points and understand how 17 minutes I don't.

1319
02:07:30,000 --> 02:07:36,300
And to speak and taking anywhere near that. The two points that I want to emphasize a sitting here and

1320
02:07:36,300 --> 02:07:46,100
listening to this is one, you're talking about people's homes here. And by imposing this strict technical

1321
02:07:46,100 --> 02:07:54,620
requirement, that may apply in a plan development in the developments that we would normally see if

1322
02:07:54,620 --> 02:08:00,200
They go through an appropriate planning process, may make sense, but make no sense out in

1323
02:08:00,200 --> 02:08:06,240
Palharita, Mesa, and really are creating a situation that's impossible for the residents

1324
02:08:06,240 --> 02:08:12,980
to be able to meet that technical requirement, and because it's their homes, what happens

1325
02:08:12,980 --> 02:08:17,120
if they can't meet that technical requirement, they lose their homes.

1326
02:08:17,560 --> 02:08:24,080
And so I think they have to understand the consequence of the decision that is made here

1327
02:08:24,080 --> 02:08:31,740
tonight. And I know you all, you know, study these matters beforehand before you come here

1328
02:08:31,740 --> 02:08:38,640
and you look through them. But I want you to listen to what the Constantators say,

1329
02:08:38,640 --> 02:08:47,560
listen to what Mr. Acorn has said, and really consider what is the consequence of what

1330
02:08:47,560 --> 02:08:53,240
you do here tonight in the fact that you've made potentially make a decision, a decision

1331
02:08:53,240 --> 02:08:57,800
where people lose their home and when these people are doing every the

1332
02:08:57,800 --> 02:09:00,860
cost and eat is another resident some poverty to make so they're doing

1333
02:09:00,860 --> 02:09:06,420
everything they can to meet your requirements and right now they're simply

1334
02:09:06,420 --> 02:09:13,960
asking for more time and denying that request may lead them to lose their homes that's

1335
02:09:13,960 --> 02:09:18,200
why I want you to first consider and then second I want you to consider the

1336
02:09:18,200 --> 02:09:22,700
County's role in this, in attorney acorn focused on this as well.

1337
02:09:23,260 --> 02:09:28,520
This is not a situation where the county has had no involvement up to this point.

1338
02:09:29,100 --> 02:09:35,160
The county is as responsible, not necessarily the three of you, but some of your predecessors

1339
02:09:35,160 --> 02:09:43,180
is responsible as anyone else for creating what is from a property lawyer standpoint from

1340
02:09:43,180 --> 02:09:48,740
at a zoning administrator's standpoint, a nightmare, right?

1341
02:09:48,740 --> 02:09:52,400
Because you have all of these properties that have been sold,

1342
02:09:52,540 --> 02:09:56,580
that don't have legal access in terms of trying to figure out who owns what?

1343
02:09:56,900 --> 02:10:02,900
This is a quagmire that is going to be very, very difficult for anyone to sort out.

1344
02:10:03,300 --> 02:10:08,380
But the county was here when that situation was created.

1345
02:10:08,380 --> 02:10:14,320
the county could have stepped in a long time ago and instead of allowing these big land

1346
02:10:14,320 --> 02:10:22,960
sellers to really exploit unsophisticated, sometimes uneducated, recent immigrants, and exploit

1347
02:10:22,960 --> 02:10:25,940
them, get their money, sell them this land.

1348
02:10:26,720 --> 02:10:33,900
The county stood by let that happen and now, to use this mess that has been created up there,

1349
02:10:33,940 --> 02:10:37,860
as an excuse to be able to potentially force people off their land.

1350
02:10:37,860 --> 02:10:41,520
So really those are the two points I really want you all to consider.

1351
02:10:42,180 --> 02:10:45,240
One, what the request is tonight, it's pretty simple.

1352
02:10:45,600 --> 02:10:48,440
It's not that big of a deal for the county.

1353
02:10:48,660 --> 02:10:50,580
It's a huge deal for the casciniators.

1354
02:10:51,060 --> 02:10:55,360
They want more time to be able to meet the requirements you have set forth.

1355
02:10:55,460 --> 02:11:01,580
The consequence is the county pretty minimal for a number of few more years.

1356
02:11:01,880 --> 02:11:07,320
The situation in Puerto Rico makes it goes on, which the county has allowed to go on for a long time.

1357
02:11:07,320 --> 02:11:17,340
But for the, for the cost needas, the consequences huge they potentially lose their home and then the second thing I want you to think about is what is the county's role here?

1358
02:11:17,600 --> 02:11:34,860
Don't you have a special obligation to give assistance to the residents of Puerto Rico, Mesa? Because maybe not solely responsible for, but certainly a tacit participation in creating the mess that leads us to where we are today. Thank you.

1359
02:11:46,360 --> 02:11:50,440
So we have pictures of that whole that was presented by the funding and zoning.

1360
02:11:50,860 --> 02:11:53,920
It was actually cleaned up. Mr. Guy goes took the pictures.

1361
02:11:54,780 --> 02:12:00,020
Then he told us to clean it and then take pictures of that when it was cleaned.

1362
02:12:00,400 --> 02:12:03,660
So we actually have the pictures of that whole cleaned.

1363
02:12:04,240 --> 02:12:05,720
Where's your sewer going now?

1364
02:12:06,120 --> 02:12:11,440
Into an in its proper septic tank where the sewer is supposed to go.

1365
02:12:11,440 --> 02:12:21,140
All of these mobile has its own proper septic tink underground and the proper piping that's supposed to go to each mobile

1366
02:12:21,140 --> 02:12:23,460
So why was it going into that hole?

1367
02:12:23,660 --> 02:12:27,040
That was whenever they were moving that the triple

1368
02:12:27,040 --> 02:12:31,600
Somehow it was disconnected so they had a reconnected

1369
02:12:31,600 --> 02:12:37,520
Now that hole is actually cleaned and covered was that your property that was not our property

1370
02:12:37,520 --> 02:12:43,680
that was actually my grandpa's, that we are, they're actually here, they're in the stands.

1371
02:12:44,760 --> 02:12:47,120
That was actually for the medical hardship.

1372
02:12:47,920 --> 02:12:52,500
So that was whenever we moved those three that triple wide,

1373
02:12:53,160 --> 02:12:56,740
it was disconnected then, Mr. Guy's took those pictures,

1374
02:12:57,300 --> 02:13:00,580
and then we asked us to clean it up,

1375
02:13:00,740 --> 02:13:04,260
which we were more than happy to cooperate with the county,

1376
02:13:04,700 --> 02:13:06,940
and everything was back connected to the septic tank.

1377
02:13:06,940 --> 02:13:12,500
So each mobile has its own septic ting, the sewer is not going into the earth or

1378
02:13:12,500 --> 02:13:19,660
polluting the groundwater because we actually have a well that gives us our drinking water.

1379
02:13:20,100 --> 02:13:26,740
So that we get that tested every year to see if it's drinkable and it always is drinkable

1380
02:13:26,740 --> 02:13:33,700
because there is no there's no sewer going into that well so it would make sense for us to

1381
02:13:33,700 --> 02:13:38,740
leave and leave that set to take open dripping and then we're drinking the water, it would

1382
02:13:38,740 --> 02:13:39,500
make sense.

1383
02:13:39,920 --> 02:13:43,120
So that is actually cleaned and we have a picture here when it's getting cleaned.

1384
02:13:45,600 --> 02:13:49,300
Okay, I don't think there's any opponents in this particular case, is there?

1385
02:13:52,920 --> 02:13:53,220
There's not any.

1386
02:13:56,420 --> 02:13:56,900
Okay.

1387
02:13:58,480 --> 02:14:07,160
Then, not seeing any more, you have anything else you want to add to it, we'll just call it

1388
02:14:07,160 --> 02:14:08,480
pallid summation.

1389
02:14:10,780 --> 02:14:14,820
I guess this decision or whatever you guys deciding is not going to

1390
02:14:14,820 --> 02:14:18,500
only affect does it probably going to affect other people that are living there in Pahari

1391
02:14:18,500 --> 02:14:23,700
Thomasa. You guys are going to have more of these coming in with more people trying to

1392
02:14:23,700 --> 02:14:28,220
do the right thing by gain the permits and either gain the night. You're going to see more

1393
02:14:28,220 --> 02:14:33,220
people coming up here. So thank you for your time. Thank you. Staff closure.

1394
02:14:45,890 --> 02:14:52,370
Mr. Chair, Commissioners, I just wanted to point out a couple of things that were mentioned

1395
02:14:52,370 --> 02:14:59,030
by the appellants, the paths, or trails that are used by the residents there in Faheri

1396
02:14:59,030 --> 02:14:59,970
the mister or not.

1397
02:15:00,140 --> 02:15:14,220
Consider legal access at this point. Each of those paths or trails could be at any time locked off by the neighboring property owners, which would then prohibit access to their particular site.

1398
02:15:14,220 --> 02:15:21,940
There is, in the record, also, a copy of a new story, a recent new story of an incident

1399
02:15:21,940 --> 02:15:27,240
where there was some roads that had typically been used by some of the residents that

1400
02:15:27,240 --> 02:15:32,460
were washed off with the rains that we had over the summer, leaving residents stranded

1401
02:15:32,460 --> 02:15:34,780
there for over a week.

1402
02:15:35,160 --> 02:15:40,820
And so it's situations like that that concern me as a zoning administrator and reviewing

1403
02:15:40,820 --> 02:15:47,140
application and making the determination that I did. I do understand that there are lots of homes,

1404
02:15:47,320 --> 02:15:53,880
mobile homes that have been placed in the site in the area over the years, and planning and

1405
02:15:53,880 --> 02:16:00,440
development services is also aware of that. And so our method of enforcement action is to first

1406
02:16:00,440 --> 02:16:09,100
deal with those property owners that are bringing mobile homes to the site recently, anything that

1407
02:16:09,100 --> 02:16:11,860
was just recently placed on the site would be enforced upon,

1408
02:16:12,100 --> 02:16:14,340
and that's why this situation came about,

1409
02:16:14,680 --> 02:16:17,320
because the triple wide that is proposed

1410
02:16:17,320 --> 02:16:20,660
for the medical hardship was just recently brought to the site,

1411
02:16:20,660 --> 02:16:22,620
and that's what initiated our action.

1412
02:16:24,240 --> 02:16:27,960
We also understand that there are,

1413
02:16:27,960 --> 02:16:31,160
there is a potential for medical assistance,

1414
02:16:31,800 --> 02:16:34,880
and I'm not saying that there will be,

1415
02:16:34,880 --> 02:16:37,040
there's not the capability of providing

1416
02:16:37,040 --> 02:16:38,440
any sort of medical assistance.

1417
02:16:38,440 --> 02:16:48,420
I'm sure the fire department or the police department is not going to say that they cannot get to these folks if they need to, but the point is that it's going to take a little bit longer to get to these points.

1418
02:16:48,620 --> 02:16:54,880
And when we are talking about a medical hardship situation, we want to try to get to them as quickly as possible.

1419
02:16:56,260 --> 02:17:08,070
And the applicant or the appellants did mention that the county was a part of the property owner selling the properties legally to folks leading them to believe that they can continue to develop there.

1420
02:17:08,740 --> 02:17:18,180
We have signs that have been posted in the area, and I apologize that this was not displayed earlier, but this is a copy of one of the signs that were posted in the area.

1421
02:17:18,180 --> 02:17:24,260
alerting the residents to the to the development to the concerns that we have regarding the

1422
02:17:24,260 --> 02:17:29,260
development there and that they should come and speak to us and regards to any

1423
02:17:29,260 --> 02:17:34,040
placements of mobile homes, the selling of property just to ensure that they are following

1424
02:17:34,040 --> 02:17:40,640
the particular standards. I did not deny the conditional uses. I simply applied a condition that

1425
02:17:40,640 --> 02:17:46,660
would typically be required of any development. You see lots of special use permits that come

1426
02:17:46,660 --> 02:17:53,100
front of you and all of the requirements are to meet all the sites are required to meet county

1427
02:17:53,100 --> 02:17:58,260
standards and roads are is a basic standard that is required of all county development.

1428
02:17:58,540 --> 02:18:04,480
And so my condition is to apply the same condition that that would be required of all

1429
02:18:04,480 --> 02:18:05,600
develops like.

1430
02:18:05,860 --> 02:18:06,900
Commissioner Telbert,

1431
02:18:11,080 --> 02:18:11,620
Commissioner Stevens.

1432
02:18:15,310 --> 02:18:16,970
Thank you, Mr. Chairman.

1433
02:18:17,770 --> 02:18:21,350
I've got a couple questions for our legal counsel on this.

1434
02:18:23,180 --> 02:18:37,620
What is it in county in county is it county ordinance that dictates the need for legal access or what is in our county rules and regulations ordinance resolution.

1435
02:18:37,620 --> 02:18:39,900
Mr. Vice Chair,

1436
02:18:42,280 --> 02:18:50,600
Commissioner, the all of the requirements that arise for development come

1437
02:18:50,600 --> 02:18:57,160
either from zoning or planning requirements for the Public Works requirements. A requirement

1438
02:18:57,160 --> 02:19:04,500
like a access road is an ordinance, is required through ordinance. You could ask the Public

1439
02:19:04,500 --> 02:19:12,400
folks exactly how that works and the problem is as you know already and as these people

1440
02:19:12,400 --> 02:19:21,360
have stated, these developments were made without any development conditions taking place

1441
02:19:21,360 --> 02:19:24,680
that would normally be legally required.

1442
02:19:25,200 --> 02:19:34,040
So folks bought out there from someone and placed mobile homes out there without any services

1443
02:19:34,040 --> 02:19:41,700
without any approvals, without any permitting, and that is what we are left to deal with,

1444
02:19:41,740 --> 02:19:47,380
and it's a very difficult problem, and that is one of the truths of this situation.

1445
02:19:48,980 --> 02:19:49,340
Thank you.

1446
02:19:49,480 --> 02:19:52,960
So, because this is a quasi-judicial process,

1447
02:20:00,910 --> 02:20:03,530
yes, manager was just pointing out as part

1448
02:20:03,530 --> 02:20:07,270
of the subdivision ordinance, it is legal access as a ordinance.

1449
02:20:07,670 --> 02:20:07,810
Okay.

1450
02:20:08,050 --> 02:20:08,490
Thank you.

1451
02:20:08,490 --> 02:20:15,750
So because this is a quasi-judicial process, we are required to follow ordinance.

1452
02:20:16,710 --> 02:20:17,510
That's correct.

1453
02:20:17,550 --> 02:20:25,890
We cannot interject our judgment or, I guess, or our personal feelings about whether

1454
02:20:25,890 --> 02:20:28,450
that ordinance is appropriate at this point in time.

1455
02:20:28,670 --> 02:20:30,830
That is the laws it stands now.

1456
02:20:31,070 --> 02:20:31,870
Okay, thank you.

1457
02:20:32,370 --> 02:20:37,690
So the idea of it, and I have to say I'm very sympathetic to the situation that these individuals

1458
02:20:38,530 --> 02:20:45,130
find themselves in, you know, the idea of a special obligation to help me have some

1459
02:20:45,130 --> 02:20:52,190
residents, but it's my understanding that as I sit on this board tonight, I am obligated

1460
02:20:52,190 --> 02:20:54,110
to follow what is written in ordinance.

1461
02:20:54,930 --> 02:20:55,330
That's correct.

1462
02:20:55,730 --> 02:21:00,510
And if there is a solution to be had, which has not, we have not been able to find a good

1463
02:21:00,510 --> 02:21:03,750
solution after this point, that would be a different proceeding.

1464
02:21:05,050 --> 02:21:05,450
Thank you.

1465
02:21:05,450 --> 02:21:06,570
Thank you, Mr. Chairman.

1466
02:21:06,570 --> 02:21:08,010
Thank you, Randy.

1467
02:21:10,210 --> 02:21:16,010
What authority does the county have in denying people the ability to sell that land?

1468
02:21:16,770 --> 02:21:21,950
Because it's, well, it's not subdivided any former fashion, it does meet legal requirements

1469
02:21:22,590 --> 02:21:25,850
in the sense that they are identified, it has meets some bounds.

1470
02:21:26,370 --> 02:21:30,210
Does the county have any ability to stop people from selling land?

1471
02:21:30,610 --> 02:21:34,790
I'm not talking about whether they want to mislead people, but whether they have the legal

1472
02:21:34,790 --> 02:21:36,230
like to sell those lives.

1473
02:21:37,050 --> 02:21:42,890
Land sales themselves are private transactions that occur between the buyer and the seller.

1474
02:21:43,090 --> 02:21:45,790
And we could not be involved in that.

1475
02:21:46,350 --> 02:21:53,850
The situation, if you have a situation where there is a fraud being committed by the seller

1476
02:21:53,850 --> 02:22:00,470
saying that there's something there that's not, that is an action that these folks could

1477
02:22:01,110 --> 02:22:06,490
have these volunteer lawyers that are putting their time in for them, take up with the people

1478
02:22:06,490 --> 02:22:12,950
that sold them the land. Obviously, the subdivision issues, none of this has been subdivided,

1479
02:22:12,950 --> 02:22:19,070
and that is a problem of ours, but that's why we have attempted to stop further development

1480
02:22:19,070 --> 02:22:23,090
from taking place. Thank you. I have a question for staff.

1481
02:22:28,360 --> 02:22:29,980
There are three structures.

1482
02:22:30,000 --> 02:22:30,840
Is this correct?

1483
02:22:34,210 --> 02:22:39,590
Mr. Chair, yes. That is my understanding. There are three structures on the site.

1484
02:22:40,590 --> 02:22:49,150
And do you have any idea what the timeline for the structures to have been placed there?

1485
02:22:52,080 --> 02:22:59,040
My understanding based on aerial investigation also and based on testimony provided by the applicants.

1486
02:23:00,340 --> 02:23:06,480
These two mobile homes were placed there back in approximately 2002.

1487
02:23:08,340 --> 02:23:10,360
They were single-wide mobile homes.

1488
02:23:11,540 --> 02:23:16,040
The 2002 aerial shows them to just be single-wide mobile homes.

1489
02:23:16,280 --> 02:23:21,380
And then over the years, there have been additions made to the single-wide mobile homes.

1490
02:23:21,400 --> 02:23:25,380
That make them now look like double-wides or a little bit wider than a single-wide.

1491
02:23:25,380 --> 02:23:38,740
This particular mobile home back here, my understanding was placed probably in 2006 or so.

1492
02:23:39,720 --> 02:23:46,940
So that one was placed there for one of the residents there after the initial placements

1493
02:23:46,940 --> 02:23:48,880
of the first mobile homes.

1494
02:23:48,880 --> 02:23:56,100
The Tribal Wide Mobile Home, my understanding was place there, I would say, the latter part of last year.

1495
02:23:56,900 --> 02:24:05,900
When did the county put up the signs, warning people both in English and Spanish, that there were issues with land and the ability to do things there?

1496
02:24:06,160 --> 02:24:06,680
Do you have any idea?

1497
02:24:08,380 --> 02:24:14,320
I did ask that question and the response was in September of 2007.

1498
02:24:15,520 --> 02:24:20,640
I was not here at that point in time, but people who have been here that long had told me that.

1499
02:24:20,860 --> 02:24:29,720
Would you briefly encapsulate what the three issues are that we're being asked to approve or there's appeals pending at this point?

1500
02:24:32,950 --> 02:24:42,190
Yes. So there are three appeals. The first appeal is CO 2014-008.

1501
02:24:44,590 --> 02:24:52,150
And that is the conditional use to allow mobile home for a three-year period for a medical

1502
02:24:52,150 --> 02:24:52,630
hardship.

1503
02:24:53,470 --> 02:25:01,250
That case was denied by me was appealed to the B.A. the B.A. upheld that denial.

1504
02:25:02,030 --> 02:25:05,950
And so the appellants are now appealing that conditional use.

1505
02:25:08,770 --> 02:25:14,310
CO-20409 is a conditional use to allow a mobile home as a dwelling unit.

1506
02:25:14,310 --> 02:25:16,190
I approve that condition.

1507
02:25:16,430 --> 02:25:22,390
I mean that are requests with the condition that they do provide the access that is necessary,

1508
02:25:22,630 --> 02:25:27,970
the vehicular access along with numerous other conditions that are typical of mobile home.

1509
02:25:28,070 --> 02:25:30,210
How much time was given to the applicants?

1510
02:25:30,850 --> 02:25:38,310
The applicants were given six months to comply with the condition to provide the access.

1511
02:25:38,310 --> 02:25:42,010
When you say access road, what does that exactly mean?

1512
02:25:42,250 --> 02:25:45,390
Does it mean that there is a granted easement,

1513
02:25:46,150 --> 02:25:48,270
or are we talking some standard based on public

1514
02:25:48,270 --> 02:25:49,010
works requirements?

1515
02:25:57,100 --> 02:26:00,700
Mr. Chair, the way the condition is written,

1516
02:26:01,580 --> 02:26:04,660
it's to obtain legal and acceptable the

1517
02:26:04,660 --> 02:26:07,500
particular access from the subject property

1518
02:26:07,500 --> 02:26:10,900
to the nearest Bernoulli County dedicated right of way

1519
02:26:10,900 --> 02:26:13,000
in accordance with Bernoulli County standards

1520
02:26:13,000 --> 02:26:15,060
within six months of this approval.

1521
02:26:19,500 --> 02:26:27,320
So the third appeal is CO-204010 and that's also a conditional use to allow a mobile home

1522
02:26:27,320 --> 02:26:35,000
as a dwelling unit that also was approved by myself with the condition that they provide

1523
02:26:35,000 --> 02:26:42,320
the vehicular access and that was appealed to the BA, the BA approved continued to approve

1524
02:26:42,320 --> 02:26:49,320
the conditional user approval and they gave an extension of from six months to one year for

1525
02:26:49,320 --> 02:26:50,440
that vehicular access.

1526
02:26:51,360 --> 02:26:57,140
Now the six month period came from language that I find in the zoning code that states

1527
02:26:57,140 --> 02:27:01,420
that all of the conditions need to be met within six months.

1528
02:27:04,430 --> 02:27:07,930
Commissioners, I have a problem with allowing a medical hardship.

1529
02:27:07,930 --> 02:27:10,510
I can understand why it was likely denied.

1530
02:27:10,730 --> 02:27:14,750
I think that's probably the worst place you'd want to have somebody with a medical hardship

1531
02:27:14,750 --> 02:27:21,650
to reside. So I can understand how that was likely denied. I do have an issue with, and this

1532
02:27:21,650 --> 02:27:27,010
is going to be a question for Randy, I have an issue with the idea of the easement the

1533
02:27:27,010 --> 02:27:31,630
right way. Because I can tell you from plenty of experience when we're talking about acceptable

1534
02:27:31,630 --> 02:27:35,850
roads, you're talking about a road that Roger Paul's going to want to accept, and we're

1535
02:27:35,850 --> 02:27:41,310
talking about a road that is going to be built to some pretty rigid standards that's going

1536
02:27:41,310 --> 02:27:47,910
an incredibly heavy lift for anybody. It's a heavy lift for developers much less for individual

1537
02:27:47,910 --> 02:27:54,670
residents. So unless I'm wrong, is that something that we can work with and say that there

1538
02:27:54,670 --> 02:28:00,970
has to be identified easement or the roadway along the path that it would need to be taken

1539
02:28:00,970 --> 02:28:07,930
and exclude what in Roger, why don't you come down here so you can explain to the commissioners

1540
02:28:07,930 --> 02:28:12,250
what we're talking about because I can tell you that it's going to be a heavy lift, can we exclude

1541
02:28:12,250 --> 02:28:13,830
that if we so desire?

1542
02:28:15,910 --> 02:28:21,050
Mr. Vice-Chair and Commissioners, it's kind of gets back to what

1543
02:28:21,050 --> 02:28:26,570
Commissioner Hart Stevens was saying right now the legal requirements which Roger Paul will

1544
02:28:26,570 --> 02:28:33,770
explain are what are on the books. I'm not aware of any exception process for those things,

1545
02:28:33,770 --> 02:28:41,130
but it is part and parcel of of the problem with what exists on parietamesa, the inability

1546
02:28:41,130 --> 02:28:47,190
to have good access for emergency vehicles, one rain and there's no road and you'd have to

1547
02:28:47,190 --> 02:28:53,210
blade it to get an emergency vehicle through. That is part of the problem, but I understand that,

1548
02:28:53,210 --> 02:28:58,910
but we don't have that now. Anyway, Roger, come on up. Roger Paul, Gary, is near.

1549
02:28:58,910 --> 02:29:01,130
I'll just describe what we're talking about here, Roger.

1550
02:29:01,990 --> 02:29:02,670
Mr. Chairman,

1551
02:29:04,710 --> 02:29:06,410
the issue in Parnarita, Mesa,

1552
02:29:06,850 --> 02:29:12,510
is that there are minimal county dedicated rights of way

1553
02:29:12,510 --> 02:29:14,310
that lead up into that.

1554
02:29:14,570 --> 02:29:15,970
Roger, that's what I would like to respect.

1555
02:29:16,150 --> 02:29:17,150
I don't want to ask you.

1556
02:29:17,430 --> 02:29:21,690
Describe what these folks would have to build based on what

1557
02:29:21,690 --> 02:29:23,830
the county's asking for right now.

1558
02:29:24,750 --> 02:29:28,390
Mr. Chairman, to reach, as I understand the condition

1559
02:29:28,390 --> 02:29:36,050
as it has been created, in written, the intent is to provide the ability to get legal access

1560
02:29:36,050 --> 02:29:37,650
to a county road.

1561
02:29:38,210 --> 02:29:44,230
As I said, there are very few locations, very close to most of the houses of Barri, Tomesa.

1562
02:29:45,650 --> 02:29:52,470
That would be typically handled through a access easement, either an access easement through

1563
02:29:52,470 --> 02:29:55,590
specific to a single property or an access easement that is great.

1564
02:30:00,000 --> 02:30:08,980
I'm tempted for general use. How wide is that? Typically, it would be in 25 to 40 foot range, depending

1565
02:30:08,980 --> 02:30:14,840
on the number of people that it would serve, might be even up to 50 feet wide. The surfacing

1566
02:30:14,840 --> 02:30:18,860
would need to be all weather surface, because that's what the fire department needs to provide

1567
02:30:18,860 --> 02:30:25,260
for emergency services. So that's the typical surfacing requirements and all weather surface it would not

1568
02:30:25,260 --> 02:30:29,820
need to be paved because it's not a county maintained right of way. If you're

1569
02:30:29,820 --> 02:30:32,960
a county maintaining right of way then your statement earlier about the

1570
02:30:32,960 --> 02:30:37,600
requirements that we would put on before the county would accept it as a

1571
02:30:37,600 --> 02:30:42,040
county road certainly as much greater than what's needed to provide for legal

1572
02:30:42,040 --> 02:30:49,040
access, fire access on a private access easement. So even even so even without

1573
02:30:49,040 --> 02:30:54,490
blacktop, you're talking about base course, are you talking about a crown as it

1574
02:30:54,490 --> 02:30:59,790
to be engineered. It would typically want to provide an all-weather surface where typically

1575
02:30:59,790 --> 02:31:05,050
looking at probably four to six inches of a base course type surface, crowning the surface

1576
02:31:05,050 --> 02:31:13,330
of obviously works better in a rainy situations. A lot of these paths, cross, arroyos that

1577
02:31:13,330 --> 02:31:20,250
would typically in an almost situation require covert crossings. I don't know about specifically

1578
02:31:20,250 --> 02:31:27,750
the access that they're trying to get for these two properties. So is that law? Yes, it is.

1579
02:31:28,090 --> 02:31:34,790
Okay, it's a difficult situation, commissioner, because the reality is that the commission

1580
02:31:34,790 --> 02:31:40,030
is taking some proactive steps to try to both mitigate the situation that we already have

1581
02:31:40,030 --> 02:31:45,330
at Partito Mesa, as well as to improve at least on a humanitarian level the lives of the people

1582
02:31:45,330 --> 02:31:49,630
that reside there. One of the things that the commission approved was to create a position

1583
02:31:49,630 --> 02:31:55,330
which is held by Michael Gallegos, I believe, this time, and it really does

1584
02:31:55,330 --> 02:31:58,990
several things. One, it's somewhat of a liaison between the county and the

1585
02:31:58,990 --> 02:32:03,990
residents of Partito Mesa. In addition to that, one of the big things, one of

1586
02:32:03,990 --> 02:32:08,530
the things that I absolutely advocated for was to get the residents of

1587
02:32:08,530 --> 02:32:14,350
Partito Mesa a path forward to be able to at least get their their domiciles or

1588
02:32:14,350 --> 02:32:20,390
homes within specifications that would create safety and improve the welfare.

1589
02:32:21,250 --> 02:32:25,290
So that means that you wouldn't have electrical components that were out of compliance.

1590
02:32:25,970 --> 02:32:31,370
So we're caught between a place where we want people to come in for permits.

1591
02:32:31,830 --> 02:32:36,950
We want to get to a place where people can meet the conditions on a safety level when they

1592
02:32:36,950 --> 02:32:41,350
apply for those permits and at the same time, not discourage that.

1593
02:32:41,350 --> 02:32:51,130
Because we don't want, by the way, to make sure to continue to be the wild wild West, we want people to get their homes in a safe condition, to get their homes permitted.

1594
02:32:51,750 --> 02:33:00,530
But if we create such a burden that that's not going to happen, that's not good. On the other hand, I don't think we should be enhancing our creating more homes there.

1595
02:33:00,530 --> 02:33:02,370
I'll just be very frank with you.

1596
02:33:02,990 --> 02:33:06,170
So we need to weigh those two things.

1597
02:33:06,530 --> 02:33:12,450
Because right now, the county has approved two of the existing homes.

1598
02:33:12,970 --> 02:33:14,610
And I think that's a good step forward.

1599
02:33:15,510 --> 02:33:17,570
I agree with the county and this is just my opinion.

1600
02:33:17,710 --> 02:33:20,970
We're not taking a vote that the medical hardship should be denied.

1601
02:33:21,190 --> 02:33:22,750
So I would not approve that.

1602
02:33:23,550 --> 02:33:26,530
But I would extend the time out.

1603
02:33:27,290 --> 02:33:35,830
A very, somewhat lengthy time out to get people to be able to get to get those rights

1604
02:33:35,830 --> 02:33:42,270
away permitted or approved by the neighbors, but to try to build this standard, while if we're

1605
02:33:42,270 --> 02:33:46,790
going to have to stick to that law, then Randy, the questions for you, how far can we put

1606
02:33:46,790 --> 02:33:47,290
it out?

1607
02:33:47,610 --> 02:33:51,950
Right now, the county is saying six months, I believe, six months to a year.

1608
02:33:51,950 --> 02:33:58,770
How far can this commission put it out even if it elects to can we make it 24 months can we make it 36 can we make it 48

1609
02:33:58,770 --> 02:34:00,330
Can we make it five years?

1610
02:34:00,430 --> 02:34:02,090
What is it that we can do?

1611
02:34:06,110 --> 02:34:11,870
Mr. Vice Chair. The the problem is is in a typical zoning code situation

1612
02:34:12,650 --> 02:34:18,130
We're trying to apply the zoning code conditional use process to a very

1613
02:34:18,130 --> 02:34:25,110
Typical situation absolutely normally. It's a six-month it's a six-month period because you want someone to come

1614
02:34:25,110 --> 02:34:32,290
These are conditions that should be precedent to it existing, so the zoning code calls out six months

1615
02:34:32,290 --> 02:34:43,930
the Board of Appeals extended it to a year and so the, I think that is in recognition of the unique circumstances.

1616
02:34:45,230 --> 02:34:53,010
So the, if you are following the zoning code conditionally use process, that's all that's there is six months.

1617
02:34:53,950 --> 02:35:08,230
There's nothing, there's not a waiver process for that that is before you tonight, but it's already been extended to one year by the board of appeals because of these issues that you're dealing with.

1618
02:35:08,570 --> 02:35:11,570
So are you saying that we can't extend it, and there's no time behind that?

1619
02:35:11,570 --> 02:35:20,570
If you extend that, if you extend it to to recognize this unique situation, it is unique.

1620
02:35:20,830 --> 02:35:26,670
It's not going to be, it's not going to be precedent for anything else because this is a very unique situation, but there's no.

1621
02:35:27,150 --> 02:35:28,430
There's no we extended it.

1622
02:35:28,430 --> 02:35:29,810
You may. You can extend it.

1623
02:35:29,810 --> 02:35:35,590
It isn't called for in the zoning code, but I think he was the Commission tonight given these circumstances.

1624
02:35:35,590 --> 02:35:41,830
have the authority to extend that, and then I think you and we have to come back to this

1625
02:35:41,830 --> 02:35:43,750
issue and cope with it.

1626
02:35:43,930 --> 02:35:44,190
Okay.

1627
02:35:44,450 --> 02:35:47,010
I would like to move some of these items.

1628
02:35:47,450 --> 02:35:49,010
I believe we have to move them one at a time.

1629
02:35:49,190 --> 02:35:49,630
Is that correct?

1630
02:35:53,790 --> 02:36:01,340
Mr. Chair, I just wanted to alert you to the conditions of approval, and I had to do this

1631
02:36:01,340 --> 02:36:08,140
with the VA as well, that if you do decide to extend the time period, there is also a

1632
02:36:08,140 --> 02:36:16,200
condition number three, which I had limited the approval to a five-year period. The B.A. had

1633
02:36:16,200 --> 02:36:21,980
changed that to a one-year period. I'm talking about the roadways. I understand that. But I'm

1634
02:36:21,980 --> 02:36:29,400
talking about the approval itself. So, just as long as they coincide, just as long as one doesn't

1635
02:36:29,400 --> 02:36:35,580
expire before the other that they work together is all I'm wanting to alert you to. Randy, can we

1636
02:36:35,580 --> 02:36:44,680
We use language such as, we are extending it, say, 24 months with a review after that.

1637
02:36:45,100 --> 02:36:49,020
So that if we needed to extend it again, we could extend it again.

1638
02:36:53,630 --> 02:36:54,330
Thank you.

1639
02:36:56,660 --> 02:36:56,920
Okay.

1640
02:36:56,920 --> 02:36:57,020
Okay.

1641
02:36:57,240 --> 02:36:58,180
It's a very great note.

1642
02:36:59,080 --> 02:36:59,300
No.

1643
02:37:03,000 --> 02:37:04,260
Please sit down.

1644
02:37:05,320 --> 02:37:05,840
Okay.

1645
02:37:07,300 --> 02:37:10,420
So, I would like staff to come up and let's go through them one at a time.

1646
02:37:11,680 --> 02:37:14,720
And I will move each one and see what the Commission says.

1647
02:37:26,720 --> 02:37:29,980
Mr. Chair, my recommendation would be based.

1648
02:37:30,000 --> 02:37:40,000
18,0007, the V8,014,00029, which is the conditional use to allow mobile home for a 3-year period,

1649
02:37:40,060 --> 02:37:42,800
in addition to a single-foundly dwelling for a medical hardship.

1650
02:37:44,440 --> 02:37:53,260
I move that the appeal VD9, because the appeal it makes an effort to try to get that approved,

1651
02:37:53,260 --> 02:38:01,690
So, I move that that appeal BD9, do we have a second, we have a motion a second, all in favor say aye.

1652
02:38:02,710 --> 02:38:04,110
Opposed, motion carries enough.

1653
02:38:11,020 --> 02:38:32,590
The next item would be CO-20408, B-20406, C-20406, C-82030, and this is a conditional use to allow a mobile

1654
02:38:32,590 --> 02:38:35,570
home to be used as a single family dwelling.

1655
02:38:37,540 --> 02:38:40,620
Reiterate the appeal to me so that I can make sure and try to move it appropriate.

1656
02:38:41,140 --> 02:38:48,340
The appeal was the Board of Adjustments decision and upholding the zoning administrators

1657
02:38:48,340 --> 02:38:53,600
conditions of approval, including legal access and conjunction with the conditional use

1658
02:38:53,600 --> 02:38:54,140
approval.

1659
02:38:54,140 --> 02:39:04,720
So with that approval, there were nine findings and eight conditions.

1660
02:39:05,880 --> 02:39:15,940
Condition number three, I apologize, condition number two, gave the appellance a 12-month period in regards to the legal and acceptable vehicle or active.

1661
02:39:16,840 --> 02:39:22,400
And condition number three, modified the five-year limitation to a one-year limitation.

1662
02:39:23,700 --> 02:39:25,720
Randy, I'm going to need a little help with this.

1663
02:39:26,200 --> 02:39:35,360
I want to uphold the appeal in so much as we can extend the time so that the appellants

1664
02:39:35,360 --> 02:39:39,520
are not having to worry about the road for a little while and give them ample time to work

1665
02:39:39,520 --> 02:39:45,640
through that process and gives us time to if we need to change the law a little bit,

1666
02:39:45,760 --> 02:39:51,060
gives us some time to do that because being that partito is, and somewhat of an exception

1667
02:39:51,060 --> 02:39:54,580
to our typical process, we may need to have some flexibility.

1668
02:39:55,660 --> 02:40:01,100
So I would like to give them at least 24 months with the ability to revisit an extended

1669
02:40:01,100 --> 02:40:01,700
necessary.

1670
02:40:08,400 --> 02:40:13,480
Mr. Vice Chair, I believe the motion and I want you to please help me with this, but the

1671
02:40:13,480 --> 02:40:21,740
motion would be to allow to grant the appeal and allow the conditional use to exist for

1672
02:40:21,740 --> 02:40:33,040
24 months, while the access is being sought, and it will be run for that 24 months, that

1673
02:40:33,040 --> 02:40:36,460
the whole conditional use will run for the 24 months, then they're going to have to seek

1674
02:40:36,460 --> 02:40:37,420
re-approval.

1675
02:40:39,100 --> 02:40:41,620
And are you trying to say something here?

1676
02:40:44,410 --> 02:40:50,770
Mr. Chair, the action that was taken by the B.A., specifies that the granted the appeal

1677
02:40:50,770 --> 02:41:02,530
part, thereby modifying the zoning administrators conditions of approval 2 and 3 in order to allow the applicant additional time to fulfill the legal access requirements.

1678
02:41:03,350 --> 02:41:16,270
Now, if you are wanting to extend that time limit to 24 months and have them return, we could just modify condition number 2 to read 24 months instead of 12 months.

1679
02:41:16,270 --> 02:41:21,950
and modify condition number three to limit it to a 24- to a two-year period.

1680
02:41:22,390 --> 02:41:24,950
Then, commissioners, that is what I move.

1681
02:41:25,010 --> 02:41:26,130
I'm not going to restate it.

1682
02:41:26,190 --> 02:41:33,090
I'll probably restate it wrong, but my understanding is that we will grant the appeal in part,

1683
02:41:33,410 --> 02:41:38,830
providing with the extensive for 24 months, which allows the appellant to revisit with us,

1684
02:41:38,830 --> 02:41:42,390
so that we can decide whether we to extend it again, is that correct?

1685
02:41:43,150 --> 02:41:45,030
Mr. Chair, that is correct.

1686
02:41:45,290 --> 02:41:46,850
Mr. Chair, that is my motion.

1687
02:41:47,290 --> 02:41:47,970
Commissioner Hartstead.

1688
02:41:48,790 --> 02:41:49,910
Thank you, Mr. Chairman.

1689
02:41:50,890 --> 02:41:56,390
Just clarification if we grant the appeal, does that disallow the special use?

1690
02:41:58,030 --> 02:42:00,490
Mr. Chair, Commissioner Hartstead.

1691
02:42:00,790 --> 02:42:06,610
If we grant the appeal in part, that it's just modifying the decision itself

1692
02:42:06,610 --> 02:42:09,590
to deny the conditional use altogether.

1693
02:42:10,910 --> 02:42:14,150
Thank you very much. Thank you, Mr. Chair. With that, I will second your motion.

1694
02:42:14,650 --> 02:42:17,630
Thank you. We have a motion a second. All in favor say aye.

1695
02:42:18,210 --> 02:42:20,410
Post, motion carries an answer. Thank you.

1696
02:42:20,670 --> 02:42:22,350
Okay, so that was for

1697
02:42:25,000 --> 02:42:28,240
CO 2014-008.

1698
02:42:29,040 --> 02:42:41,100
And now we are at CO 2014-0009 B8 2014-0005 VA 2014-0032.

1699
02:42:42,300 --> 02:42:49,200
And the recommendation would be the same to approve in part.

1700
02:42:49,200 --> 02:42:53,180
Let me get that language.

1701
02:43:00,410 --> 02:43:04,970
So that would be grant the appeal in part, thereby modifying the zoning administrators

1702
02:43:04,970 --> 02:43:11,410
conditions of approval 2 and 3 in order to allow the applicant additional time to

1703
02:43:11,410 --> 02:43:19,090
field the legal access requirements, and that would also affect condition number 2, which

1704
02:43:19,090 --> 02:43:25,830
would be modified from 12 months to 24 months for the requirement for legal and acceptable

1705
02:43:25,830 --> 02:43:31,990
vehicular access, and then also condition number 3, which would limit the approval period

1706
02:43:31,990 --> 02:43:33,690
to 2 years.

1707
02:43:34,410 --> 02:43:35,610
With the ability to revisit?

1708
02:43:37,310 --> 02:43:37,330
Yes.

1709
02:43:37,330 --> 02:43:39,990
So I move the same as the last motion.

1710
02:43:41,290 --> 02:43:42,370
Do I have a second?

1711
02:43:43,730 --> 02:43:44,350
We have a motion.

1712
02:43:44,610 --> 02:43:44,810
A second?

1713
02:43:44,930 --> 02:43:45,870
I can Mr. Talbert.

1714
02:43:46,730 --> 02:43:47,170
Thank you.

1715
02:43:47,270 --> 02:43:50,430
I just want to clarify.

1716
02:43:50,750 --> 02:43:54,290
I want to make sure we're staff that you're comfortable with.

1717
02:43:56,010 --> 02:44:01,250
That what we are proposing, but this motion proposes is within our ordinance.

1718
02:44:02,870 --> 02:44:03,770
Mr. Vice Chair.

1719
02:44:03,770 --> 02:44:06,630
Commissioner Hart Stevens, I'm not comfortable at all.

1720
02:44:06,870 --> 02:44:12,430
I just think it's the best solution that we can come up with under these particular circumstances.

1721
02:44:12,590 --> 02:44:17,630
I think we should revisit our ordinances, and we have to revisit that Mesa.

1722
02:44:19,530 --> 02:44:21,230
But I do recommend approval.

1723
02:44:24,020 --> 02:44:25,180
All right. Thank you, Mr. Chairman.

1724
02:44:25,600 --> 02:44:26,160
Thank you, Commissioner.

1725
02:44:26,280 --> 02:44:28,760
We have a motion in the second, all in favor say aye.

1726
02:44:29,660 --> 02:44:31,080
Opposed, motion carries unanimously.

1727
02:44:31,880 --> 02:44:33,040
Thank you very much.

1728
02:44:33,040 --> 02:44:37,160
That concludes our hearing this evening. I will say to the folks that are here from Partito Mesa

1729
02:44:37,980 --> 02:44:42,380
that you're absolutely correct that you are in a unique situation and we need to find a way

1730
02:44:42,380 --> 02:44:47,600
to may not be exactly what you want but I believe that we can find a way. Thank you very much.

1731
02:45:00,000 --> 02:45:05,560
Our next meeting will be on Tuesday, November 18, 2014. It will be a zoning meeting at 2 o'clock in

1732
02:45:05,560 --> 02:45:11,400
these chambers of incidentally grago chambers. Thank you very much. This concludes the meeting. We are adjourned.