Image Link 05-16-2017

May 16, 2017

Kyle Fenner reported that the commissioners have had her working on "patches" in zoning regulations. Currently evaluating a proposal for re-write of zoning regulations.


*Dan Rosales reported that first meeting for Comprehensive Plan was held on 4/26/17 with approximately 125 citizens in attendance; would have liked better attendance. Encouraging citizens to go to website and take online survey. Brochure and mailer are part of plan to publicize Comprehensive Plan. June 14 is next meeting.

*Citizens' Task Force is ready to help with mailers as well as reach out to stakeholders.


*Shelly Rodie- spoke to CRS regarding vesting property rights: per state statute, only vested for 3 years unless expressly extended. PC has responsibility for making sure state statutes are upheld.

*Jean Haberkorn - spoke to vested property rights as only vested for 3 years (referenced CO Revised Statutes). Encouraged county to abide by state statutes and to take these into consideration as they work on new Master Plan.

*Diane Varner - "vested property right attached to the land and remains forever" is misinformation disseminated by CDS. Per the state, vested property rights expire after 3 years if no action/development transpires. Urged PC to make sure all state and local laws are followed prior to consideration of any proposed development.

*Fulmer Rezone and Subdivision - for the purpose of creating a legal lot in A-2 Zone District in Simla. Application originally submitted in November 2014. Questions from PC about incomplete paperwork (had not been updated since 2014) and property acreage discrepancy. Staff issue - CDS needs to make sure packets are complete. Steve Wilson, Supt. of Big Sandy (Simla) Schools explained that Fulmers sold land to the school for their new building; Fulmers have been trying for years to get this land issue/rezone settled (their residence is on some of the land). Kyle Fenner stated that recent CDS updates will prevent this type of delay/confusion from happening again. Motion made to continue application; motion failed 5-2. Motion to recommend BOCC approval of rezone with additional conditions of approval (updated tax statement and forms, acreage correction, various justifications for time lapses). Motion passed 5 ayes with 2 abstentions. Motion to recommend BOCC approval of subdivision zoning with same conditions of approval. Motion passed 5 ayes with 2 abstentions.

*DB Speed Rezoning for construction and operation of an auto and ATV sales and repair business on Singing Hills Rd. Proposing to move across the street from current location. Access has been an issue - road to be built by developer after certificate of occupancy for buildings issued. Public comment about using dirt track only during business hours. Question about why it is being submitted as a PUD instead of commercial. Answer: mixed use on property requires PUD zoning. Approved 2 motions relating to this application 7-0.

Focus areas - 2 identified in 1996 EC Master Plan; EC has 5 zoning districts - business, commercial, light industrial, general industrial, PUD; any other zone districts require a land use application. Went through site plan process - administrative process. Identified potential areas with already existing commercial zoning. Infrastructure: commercial development can at times, be successful on well and septic. Overlay district maps shown. Idea of EDZ (Economic Development Zone) is to promote economic activity along primary EC travel corridors. EDZ does not affect underlying zoning rights.

Paula Wilderman expressed her disappointment with the flyer that is to be mailed to citizens regarding the Master Plan (typos, questionable focus, may not engage citizens, etc.); confusion over chain of command. Dan Rosales said time is short to complete task. County hired Design Workshop for their knowledge and expertise; some PC members feel uninvolved and that they haven't had input. June 14 meeting is important to determine direction for process. Design Workshop is aware of concerns from last community response from them yet.

Meeting adjourned.
-Jill Duvall