CITY OF CORTEZ PLANNING AND ZONING COMMISSION JANUARY 04, 2022 6:30 P.M.- - REGULAR MEETING CITY HALL COUNCIL CHAMBERS 123 ROGER SMITH AVENUE  I. CALLTOORDER- PLEDGE OF ALLEGIANCE 2. APPROVAL OF MINUTES - P&Z Meeting December 2021  3. BUSINESS OF THE COMMISSION  a. Public Hearing on an Application for a Conditional Use Permit from the Pinon Project to construct a multi-family residential development on the north side of Empire Street, Cortez (address TBD) on Lot I ofthe Chism Group Minor Subdivision, approximately 130 feet east oft the intersection of Empire Street and Harrison. The applicant wishes to construct four buildings to contain 50 apartments and associated facilities that will bel housed in an amenity building. The amenity building will include a leasing office and facilities for the residents. The property is zoned Residential Multifamily (R-2). According to the Land Use Code, this type of use must go through public hearings prior to approval by the City.  4. CITIZENPARTCIPATION 5. PEZDISCUSSIONITEMS  6. FYI  a. Building Permits for December 2021 7. OTHER ITEMS OF BUSINESS 8. PREVIOUS BUSINESS  9. ADJOURNMENT OF REGULARMEETING scheduled event soa arrangements can ber madet tok locater requested auxliary aid(s).  Individuals with disablities needing auxdllary aid(s) may request assistance by contacting Gty! Hall: address - 123 Roger Smith Avenue, Cortez; phone - 970-565-3402; e-mall- - smthedhyotutezn. Wey wouida appreciate Itify youy would contact us atl least 48 hoursi ini advance oft the    PLANNING AND ZONING COMMISSION ACCESSORY DWELLING UNITS (ADU) WORKSHOP TUBSDAYDACEMBERZ2RI  The workshop opened at 5:30 p.m. In attendance were Commission Chairman Robert Rime, Commissioners Lance McDaniel, Rebecca Levy, Jim Skvorc, City Planner Tracie Hughes, City Manager Drew Sanders, Mayor Mike Lavey and Deputy City Clerk Cheryl Lindquist.  Commissioner Stephen Candelaria was on speaker phone. There were 4. Attendees ini the audience.  The workshop opened with City Planner Hughes stating the Commissioners requested tol have a workshop in order to discuss possible solutions to the housing crisisi in Cortez. She said at a P&Zmeeting in 2018 it was decided that Accessory Dwelling Units (ADU's) could be up to 20%0 oft the existing living area oft the associated single-family residence. ADU'sa are only allowed in the RI(Residential Single-family) and RE (Residential Estate District): zones. Commissioner Skvorc asked, what are we trying to achieve, affordable living, more rental properties, or more housing stock? He also was concerned about the Land Use Code requiring the landowner to occupy the main dwelling and how that would be monitored? He also stated Commissioner Levy stated the only thing that be done by the Planning Commission is regulate Commissioner Rime suggested the need to recommend ani increase in the size oft the ADU'sand add more zones. It was noted that this would require a change to the Land Use Code. Citizen Sean Flaherty, 3635N. Ash St., stated hei is in favor of changing the ADU rules as they are much to restrictive. He stated with the LUC change would allow more property to be All the Commissioners agree they will schedule further workshops to discuss this issue.  concerns on parking and high rent.  the code. She pointed out that it is cheaper to buy than rent right now.  available forl building, which would increase the economy in Cortez.  The workshop was adjoured at 7:00.    PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, DECEMBER2, 2021  1. The regular meeting was called to order 6:30 p.m. and was opened with the Pledge of Allegiance. Commission members present were Chairperson Robert Rime, Vice-Chairperson Rebecca Levy, Lance McDaniel, and Jim Skvorc. City staff present included City Planner Tracie Hughes, City Manager Drew Sanders, Mayor Mike Lavey, and Deputy City Clerk Cheryl Lindquist. Commissioner Stephen Candelaria was absent. There were 4 people in attendance. Commissioner McDaniel moved that the minutes of November 2, 2021, be approved. Commissioner Skvorc seconded the motion and the vote was as follows:  Levy Yes  Candelaria Absent  McDaniel Yes  Skvorc Yes  Rime Yes  2. BUSINESS OF THE COMMISSION:  a. Public Hearing on an Application. fora Conditional Use Permit to Expand an Existing Health Clinic at 691 E. Empire St.. in the Residential Multifamily District(R2). Zone. as Submitted by Billy Harris. Agent for Applicant and Property Owner Southwest Colorado Health Center, Inc. DBA Axis Health System. and ReviewatPaZResluion No.8. Series 2021. City Planner Tracie Hughes stated the expansion would actually provide more parking and Commissioner Skvorc made the motion to recommend approval ofa a Conditional Use Permit for the expansion oft the Axis Health Clinic on property located at 691 E. Empire St., in the Multifamily Residential (R2) zone, as submitted by Billy Harris, Southwest Colorado Health Center, Inc., DBA. Axis Health System through P&ZI Resolution No. 8, Series 2021, with two conditions. Commissioner Levy seconded the motion. The vole was as follows:  landscaping than required. The Commissioners had no questions.  Levy Yes  Candeleria Absent  McDaniel Yes  Skvorc Yes  Rime Yes  b. Public Hearing on an Application for a Site Plan tol Expand and Existing Health Clinicat 691 E. Empire SL. in the Residential Multifamily District_R2)Zone. as Submitted by Billy Harris. Agent for Applicant and Property Owner Southwest Colorado Health Center, Inc.. DBA Axis Health System through P&Z Resolution No. 9.Series 2021. City Planner Tracie Hughes stated that a Site Plan is also being presented from Axis Health System. There were Commissioner Skvorc made the motion to recommend that Council approve the site development plan fori the expansion oft the Axis Health Clinic on property located at 691E E. Empire St. in the Multifamily Residential (R2) zone as submitted by Billy Harris, Southwest Colorado Health Center, Inc., DBA Axis Health System through P&ZI Resolution No. 9,  no questions.    PLANNING AND ZONING COMMISSION  REGULAR MEETING DECEMBER: 2, 2021  PAGE2  Series 2021 with four conditions. Commissioner McDanicl seconded the motion, and the  vote was as follows: Levy Yes  Candelaria Absent  McDaniel Yes  Skvorc Yes  Rime Yes  3. CITZENPARTICIPATION-mone 4. P&ZDISCUSSIONITEMS- - a. Building Permits for November 2021  5. OTHER ITEMS OF BUSINESS - Commissioner McDaniel thanked City Planner Tracie Hughes for her time with the City. He said she taught him al lot about Planning and Zoning. Other Commissioners also thanked her and said they will miss her dedication.  6. PREVIOUS BUSINESS -none 7. ADJOURNMENT OF REGULAR MEETING  Commissioner McDaniel moved that the meeting be adjourned at 7:15 p.m. Commissioner Skvorc seconded the motion, and the vote was as follows:  Levy Yes  Candelaria Absent  McDaniel Yes  Skvorc Yes  Rime Yes  Robert Rime, Chairperson  ATTEST:  Cheryl K. Lindquist, Deputy City Clerk    11/29/2021  Tracie Hughes 123 Roger Smith Ave. Cortez, CO 81321 (970)565-3402  City of Cortez Planning & Zoning Department  RE: Letter of Petition Requesting Conditional Use Permit for Pirion Apartments.  The Pirion Apartments willl be a newi affordable multifamily housing apartment building comprising of 42 for-rent apartment units for low-income individuals andi families. The approximately 9.170-acre site isl located on! Lotlof the Chism Minor Subdivision and fronts E. Empire Street. The site is located immediately adjacent to multifamily apartments and is near Cortez Integrated Healthcare, Montezuma District Courts and the Montezuma Sheriff's office, single-family residential and vacant land. Due to the mix of uses and the transition from single family residential to multifamily, and the property being zoned R-2, the proposal is compatible with adjacent uses. A mix of one, two and three-bedroom units are being proposed, along with al leasing office and amenity areai for future residents. The proposed floor areas oft the apartments exceed the minimum requirements found in Land Use Code! Section 3.06, of a minimum of 500 square feet for one-bedroom, 700 square feet for two-bedroom, and The building consists of three (3) stories total, with type V wood frame construction on levels 1 through 3. Amenities willl be onas slab on grade on Level 1. There are eighty-four (84): surface parking spaces and one loading space planned on the site. There may be detention or water quality required on site due to the size oft the property. Access to the site is from E. Empire Street, and the utilities are inE E. Empire Street as well as in the access and utility easement to the west of the property. To maintain building efficiency, residential units are stacked off double loaded corridors on Levels 1 through 3. An elevator and two sets of stairs wills service the The building willl have at flati roof form and the exterior will be clad in stucco with brick accents at the resident amenity and entry. All units will have high-efficiency windows, increased insulation rating and air conditioning. The entire project willl be subject to full certification for Enterprise Green Communities. There will be approximately 4,500 square feet of administrative offices and resident amenity space on the first floor. This space willi include al leasing office, space for resident amenities, front desk reception, mail receiving area, a community Lastly, this request includes the allowance ofa6-ft. front-yard fence to enclose the front and sides of the We believe that this Conditional Use Permit complies with the criteria seti forth in Section 6.10( (f) oft the Land Use 1. The proposed conditional use is compatible with adiacent existing uses and other allowed uses in the zoning district. Such compatibilitys shall be expressed in terms of appearance, architectural scale and features, site design and scope.landscaping. as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas dust,odor, lighting, glare, traffic circulation, parking, or other undesirable or  800 square feet for three-bedroom apartments.  building.  kitchen and great room. courtyard facing E. Empire Street.  Code:  hazardous conditions.  sh 0 P E or K. of 301W/45"Ave. Denver, CO B0216 303433-4094    11/29/2021  The site is located immediately adjacent to existing multifamily apartments and is within walking-distance of Cortez Integrated Healthcare, Montezuma District Courts, Montezuma Sherifl's office, single-family residential and vacant land. We believe that the current zone district (R-2) and the proposed multifamily development is compatible with adjacent uses due tot the existing mix of uses in thei immediate vicinity. The project will comply with the City'ssetback and landscaped requirements. Parking meets City code and will be accommodated onsite. There is adequate egress and ingress to the site, meeting City engineering andi fire requirements. 2. The proposed conditional use has incorporated design features sufficient top protect adjacent uses including but not limited tos service areas, pedestrian and vehicular circulation, safetyprovisions. access The residential areai is located on the interior of the lot, with ai fenced courtyard and parking facing the street. While there is nota a peclicrequirement for the number of plantings, the: site plani is designed to provide some 3. Allp proposed accessory uses must demonstrate that they are necessary and desirable. All proposed accessoryuses: shall comply with the requirements of 1)and 2) above. Undesirable impacts created by  ways to and from the site, buffering, fencing and site building placement.  buffering, and safe pedestrian and vehicular circulation.  these uses shall be controlled or eliminated.  Accessorystructures are not proposed at this time and are not shown on the submitted site plan. 4. Adequate public services (such as: streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, and fire protection) must be available without the reduction ofs services to other  existing uses.  Adequate public services are currently available for the proposed development and should not cause ar reduction ins services to other existing uses in the area, The site design complies with the City's off-street parking  requirements. Sidewalks are incorporated to provide safe pedestrian circulation.  5. Provisions for proper maintenance of the building, parking, and loading areas, drives. lighting, signs, Blueline Development (developer) and The Pinon Project (operator) will provide proper maintenance oft the entire property including the building, parking, and loading areas for the safety and comfort ofr residents, Piron staff, 6. The proposed conditional use shall conform to adopted plans, hours of operation, polices and requirements for parking and loading, signs. highway access, and all other applicable regulations oft this The proposed site plan meets the City's parking requirements. No signage is currently being proposed. This isa residential development; therefore, hours of operation do not apply. The property does not access the highway. All other code requirements will bey verified through the building permit site plan review process.  landscaping, etc. shall be provided.  and visitors.  Code and other applicable regulations.  snopw O5K.5 301W451Ave. Denver, CO80216 303433-4094    11/29/2021  Thank you for your time. Please feel free to contact us at any time if you have any questions or concerns.  Sincerely, Chad Holtzinger Shopworks Architecture  5DOPW. O.K.5 301W45"Ave. Denver, CO 80215 303433-4094    900 0 000  e    23. 333        JETHIS JHldWE  DLe 9E  BWBSVBAITL  3NV13HH/13HIS: EIVABd  080I8--0L-u2 EN3SVHd  LUEYE   ETHIS TIOOSIHO  a    20-01 UTILITYEASEMENT  'dAL .0-8L  dAL -0-92  e  3  8-CTREEL LAWN 5-0'S SIDEWALK  DODODE  00000  DNIGVOT  INEWESVS AIuA 7 SS399V 09    20-0 UTILITYEASEMENT  dAL -0-81  a  dAL -0-92  E  8-0*TREEL LAWN 5-0" SIDEWALK  00000  00000  9NIOV0T  NGWBSV3AITUN9 SS300V 09            pu  EE    ca  E        CivofCortes Land Use Code  Appendir DApplication, for Zoning Action  APPENDIX D. - CITY OF CORTEZ APPLICATION FOR ZONING ACTION  This applicationi is far: Condilional Use Permit Right-of-Way or Eascment Vocation Repiat or Plot Amendment Condominium Subdivision/Convcrion 1. Pinon Associates, Inc. Properly Owner Christian Pritchett Contact Person (TBD) E Empire St, Cortez, CO 81321 Subject Property Strect Address Legal Description: or Vacant Land Exisling Use(s) Proposed Usc(s) 9.17 acres; 401,117 SF Lot Size Proposed Setbacks: Public Works Depariment Approval  Special Exception Site! Plan Review Variance Minor Subdivision  APPLICANT SHALL COMPLETE:  210 E Main St, Cortez, CO 81321  970-564-1195 Phone/Fax Phone/Fax  Mailing Address Mailing Address  1004 S Ave West, Missoula, MT 59801 406-214-2052  Lot 1, Chism Group! Minor Subdivision as per the plat thereof filed for record. January 9, 2008 in Book 16 at Page  191 int the office of the Clerk and Recorder, County of Montezuma, Slale of Colorado.  Atlached  Dwelling, multi-family 7 orr more 15,557 SF  3.88% Lo. Coverage (%a) 100 Of-Strect Parking Spaces 434'-9" Rear  Square Footage 33'-0" Proposed Building lcight  191'-10" Front  71'-7" Side  Sanilation District Approval  OATH OF APPLICANT  Ihereby certif, subjeci 1o penalty of perjury, that the above is tne and accurale lo the bes! ofr my knowledge and that I understand all provisions of Ciry and State codes applicable lo the proposed developmen, any' and all conditions placed upon the proposed development by the City Council and all information requested by this document. lalso understand that iflviolate an applicable provisions ofCily andlor State codes, Imay be required lor remedy such vialation(s) through appropriate legal process imposed by the Cipy,, including moving or removing  apdceasing afo construction andlor uses  11.18.2021  T Signature ofApplicant  Signalure of Owner Date  2. APPLICANT SHALL ATTACH 2 COPIES OF A COMPLETE SITE AND ACCESS PLAN OR PLAT SHOWING THE BUILDING OR STRUCTURE IN SUFFICIENT DETAIL TO DEMONSTRATE THAT THE PROPOSED CONSTRUCTION, RECONSTRUCTION OR CONVERSION, MOVING AND/OR ALTERATION IS IN CONFORMANCE WITH THE  PROVISIONSOFTHE APPLICABLE ACTION.  Other liems Required:  ADOPTEDASAMENDED-THROUGH DEC'EMBER. 2006    CinofCorte: LandUse Code  dppendix DApplication for Zoningaction  3. ZONING ADMINISTRATOR SHALL VERIFY COMPLIANCE WITH:  Application Completeness: Zoning: Floodplain Development Permit #. List Conditions of Approval or Attached:  (Ifincomplete, returnt tor applicant) Board of Adjustments Resolutioni #.  Conditional Use Permit #,  Should Building Permit Application Be Considered?  Yes  No  Comments:,  Signature ofz Zoning Administrator  Date  4. BUILDING OFFICIAL SHALL VERIFY COMPLIANCE WITH:  Use: Access: Water Supply: Sanitation Service: Can Building Permit Be AppliedTor? Comments  Height: Driveway Widih:  Scibacks: Parking Spaces:  Yes  No  Signature of Building Official  Date  5. IF THE BUILDING OFFICIAL sO AUTHORIZES, APPLICATIONIS) FOR A BUILDING PERMIT THAT CONFORM MATERIALLY WITH ALL. INFORMATION PROVIDED ABOVE  MAY BE SUBMITTED TOTHE BUILDING DEPARTMENT.  For Oflicial Use Only:  Date Received: Date of Publicl Ilearing(s): Date of Approval:  ADOPTEDASAAIENDEDED-THROUGH DECEMBER2006    8    City ofCortez  Planning and Zoning Commission  CORTEZ Agenda Memorandum  Item No: 3.b.  Meeting Date: January 4, 2021  MEMO TO: Members oft the Cortez Planning and Zoning Commission  FROM:  Tracie Hughes, City Planner  SUBJECT: PUBLIC HEARING ON AN APPLICATION FOR A CONDITIONAL USE PERMIT  TO ESTABLISH. A MULTIFAMILY DEVELOPMENT ON PROPERTY LOCATED ON EMPIRE ST, IN THE MULTIFAMILY RESIDENTIAL (R-2) ZONE, AS SUBMITTED BY CHRISTIAN PRITCHETT OF BLUELINE DEVELOPMENT,INC. AGENT FOR PROPERTY OWNER PINON ASSOCIATES, INC, AND REVIEW  OF P&Z RESOLUTION NO. 1, SERIES 2022  ATTACHMENTS: P&Z Resolution No. 1, Series 2022; Vicinity Map; Application; Narrative;  Plan Exhibits; Chism Group Minor Subdivision Plat  BACKGROUND  Christian Pritchett, with Blueline Development, Inc., agent for Pinon Associates, Inc. (owner) has applied to the City for a Conditional Use Permit to establish a multifamily development on Lot1 of the Chism Minor Subdivision. The development area will be located on the south half of the 9.17-acre lot. This is a revised plan for the previously approved CUP (in January of 2021). Since that prior approval, the applicant has significantly changed the layout of the site and is pursuing The applicant is proposing to construct one three story building on the southern half of the 9.17- acre lot. The building will contain 42 apartments varying from one to three bedrooms in size. The building will also house a leasing office and amenity facilities for the residents. The proposed apartments exceed the minimum requirements found in Land Use Code Section 3.06, of a minimum of 500 square feet for one-bedroom, 700square feet for two-bedroom, and 800square Section 3.06 of the Land Use Code requires a minimum of 3,000 square feet of land per unit. The construction of 42 residential units requires 126,000 square feet of land. The proposal will meet the density requirements as the loti is approximately 399,445 square feet in size. Since the loti is not being proposed for subdivision at this time, iti is being treated as development on the entire The setback requirements fort this zoning district are. 20' fort the front yard, 7 for the rear yard, and 7'on the side yard. The structure meets the required setbacks. The front setback is approximately 200.' All other setbacks also exceed the minimum distances required. The applicant has shown elevation drawings for one oft the buildings. The heighti is stated to be 33'to the top of the parapet. The height limits for the R-2 district are 35.' The buildings should meet heightrequirements, and the applicant will need to ensure they dov when they provide architectural  approval for the revised plan.  feet fori three bedroom apartments.  9.17-acre parcel. The building has a 15,557 square foot footprint.  drawings at the time of building permit.    PLANNING &2 ZONING COMMISSION CONDITIONAL USE PERMIT PINON APARTMENTS TBDI Empire St, Chism Group Minor Sub., Lot1  Jan 4, 2022  Page2of8  The project is bordered to the North, West, and South by R-2 zoning district. On the east side, the area of development is next to R-2 and the Montezuma County Public Facilities PUD. The combined courts are located on the adjacent property on the north east side of the subject lot, The applicant is seeking to gain approval of a multifamily residential use oni thel lot. All standards for all buildings, driveway and parking lot construction, grading and drainage, fire code access and any other development standard will be required to be met at the time of building permit.  and multifamily apartments are located immediately east of the subject lot.  ISSUES  The Land Use Code requires a conditional use permit for all types oft uses that could have impacts on neighborhoods. This proposed use is classified as a residential use, "dwelling, multi-family, 7 orn more", and is found in Section 3.05 of the Land Use Code. As noted in the Schedule of Use Regulations shown below, this type of use in the R-2 Zone will require a review prior to approval  of a conditional use permit.  SCHEDULE OF USE REGULATIONS  Use Type  RE R-1 R-2 MH o CBD C NB I  Residential Uses Dwelling. multi-family7 or more  C C  C  Land Use Code Section 5.02(d) outlines the off-street parking and loading requirements for a facility of this nature. Residential multifamily structures require two parking spaces per unit. The proposed 42 units will require 84 spaces, and the applicant has indicated they will provide the minimum required spaces andl has depicted this ont the preliminary site plan. The proposal depicts This type of proposal does not require a full Site Plan application per chapter 6.14 of the Land Use Code. Also, the landscaping standards of section 5.05 are not required. However, Chapter 6.14 (c)(1)(d) states that a site plan applies to' "Uses which are located ortol be localedonproperty within any other zone district, and the owner or developer of the property requests an application The submitted application shows landscaping. However, there is only a conceptual landscaping plan, thus indicating that the applicant will be proposing some landscaping, but there is not a degree of specificity for landscaping against which to require a specific number of plantings or a The applicant is proposing a Six-foot-tall interior courtyard fence. Staff feels because of the location oft the fence, this would not be subject to the fence height requirements. However, ift the Planning Commission feels this needs to be approved through a special exception, the criteria  one loading space on the site plan.  of these site plan requirements, subject to this section."  specific plan to require compliance with at the time of building permit.  are as follows:  6.18 (b) The planning commission shall have the power to hear and decide special exceptions to the height of fences, the number of required off-street parking spaces and the sizes and locations of signs where all ofthet following conditions in so far as applicable  are met:    PLANNING & ZONING COMMISSION CONDITIONAL USE PERMIT PINON APARTMENTS TBDI Empire SL, Chism Group Minor Sub., Lot1  Jan 4,2022  Page3of8  (1) That there are unique physical circumstances or conditions such as irregularity, narrowness or shallowness oflot, ore xceplonaltopogapncallorohercondtions peculiar (2) That the unusual circumstances ord conditions do not exist throughout the neighborhood (3) That because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this code; (4) That such unnecessary hardship has not been created by the applicant; (5) That the exception, if granted, is a minimum exception that will afford relief and is the least modification possible of the provisions oft this code which are in question; and (6) That the exception, ifgranted, will not aller the essential character oft the neighborhood or district in which the property is located, nor subslantially or permanently impair the  to the affected property;  or district in which the property is located;  appropriate use or development of adjacent property.  Section 6.10 of the Land Use Code states the review criteria for conditional use permit applications. Section 6.10 () oft the Land Use Code and each subsection are provided below for "O) Conditions of Approval. Both the Planning Commission and the City Council shall use the following criteria in reviewing Conditional Use Permil Requesis. lt is specifically understood that certain criteria listed below may not apply 10 a particular application. The applicant shall adequatelyd demonstrate that the applicable criteria have been met: (1)The proposed conditional use is compatible with adjacent existing uses and other allowed uses in the zoning districi. Such compatibility shall be expressed in lerms ofappearance, architectural scale and features, site design and. scope, landscaping, as well as the control ofadverse impacis including noise, vibration, smoke,fumes, gas dust, odor, lighting. glare, traffic circulation, parking, or other undesirable or hasardous conditions.  reference and responses are provided where applicable:  The site is located immediately next to multi-family apartments. Also in the vicinity is Cortez Integrated Healthcare, Montezuma District Courts and the Montezuma Sheriff's office, single-family residential and vacant land. Due tot the mix of uses and the transition from single family residential to multifamily, and the property being zoned R-2, the proposal is compatible with adjacent uses. The project meets setbacks and the property is proposed to be landscaped. Parking will be accommodated onsite, and there is adequate driveway access. Engineering and public works did not have issues with the  proposal, and therefore traffic circulation appears to be appropriate.  (2)The proposed conditional use has incorporated design fèatures sufficient 10 protect adjacen! uses including but not limited lo: service areas, pedestrian and vehicularcireaulation, safety provisions, access ways to and from the site, buffering, fèncing and site building  placement.    PLANNING & ZONING COMMISSION CONDITIONAL USE PERMIT PINON APARTMENTS TBDI Empire St., Chism Group Minor Sub., Lot1  Jan 4, 2022  Page 40f8  The site is designed so that the residential area is located on the interior of the lot. The applicant has shown landscaping on the plans. While there is not a specific requirement for a particular number of plantings, the applicant has demonstrated their intent to provide some buffering, adequate pedestrian and vehicular circulation and access to protect the adjacent uses.  (3). All proposed accessory' uses mus! demonstrate that they are necessary and desirable. All proposed accessory uses shall comply with the requirements of 1) and 2) above. Undesirable impacts created by these uses shall be controlled or eliminated. Accessory structures are not proposed at this time and are not shown on the submitted site plan. (4) Adequate public services (such as: streels, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police and, fire protection) must be available without the Adequate public services are already available fort the existing and proposed structure and should not cause a reduction in services to other existing uses in the area. Off-street parking requirements will be met as presented by the applicant. Sidewalks are incorporated int the sketch  reduction ofservices lo other existing uses.  plan for the site.  (5) Provisions for proper maintenance of the building, parking and loading areas, This is ani item that the applicant will perform for the appearance of the property and safety and comfort of clients, guests, and visitors. The applicant has submitted in the narrative that  drives, lighting, signs, landscaping, etc. shall be provided.  provisions for maintenance will be met by the owners,  (6) The proposed conditional use. shall conform 10 adopted plans, hours of operation, polices and requirements. for parking and loading, signs, highway access, and all other Hours of operation do not apply to the residential use. The proposal as submitted meets parking requirements, and any sign permit will need to meet land use code requirements. The property does not access the highway. All other code requirements appear to be met, and will be verified  applicable regulations ofthis Code and other applicable regulations.  through the building permit site plan review process.  (7) Afier considering the public comment relating the criteria listed above in relation 10 the Conditional Use Permit being requested, the Planning Commission and the Cily Council, respectively, shall adopt a resolution stating their findings of the applicant's demonstrated ability lo meet the criteria for a Conditional Use Permit. A determination that the applicant has not met one or more ofthe applicable criteria shall be suficient 10 deny the request. The Planning Commission and the City Council, respectively, may establish additional conditions ofoperation, location, arrangement and construction ini the issuance of a Conditional Use Permit ifdeemed to be in the public interes! or 10 assure  compliance with other aspects oft the Land Use Code. "    PLANNING & ZONING COMMISSION CONDITIONAL USE PERMIT PINON APARTMENTS TBD Empire St., Chism Group Minor Sub., Lot1  Jan 4, 2022 AGENCY REVIEW  Page 5of8  Ina accordance with regulations pertaining to development of a multifamily residential property, this proposal was forwarded to the required City departments and affected agencies and utilities for  their responses and concerns: Cortez City Manager "No comments."  Cortez Backflow Prevention Coordinator:  "Tracie they will need a containment backflow assembly between the meter and first outlet. Additionally, they will have to install backflow assemblies on their irrigation."  Cortez Building  "Based on the conceptual rendering, the building department has no issues."  Cortez City Engineer: report will be required." Cortez Fire Protection District Cortez General Services  "Engineering has no issues with the proposed development. As the project advances, site grading/drainage and utility plans will be required for review and approval. Also, a site drainage  "Based on the conceptual rendering and information the fire district has no issues." "  "CCN has no new comments beyond what was previously sent on the original for Fiber." The following was the comments from the original application which the General Services Director referenced for this application "The CCN Fiber network will need to be extended to each unit and office. We would need to work with the engineering firm at the appropriate time to insure the fiber routes and fiber drops to each unit is in place. Service would require bringing fiber across Empire street tot the north side. This can be bored, and hopefully utilize a utility easement into the MDUunits Applicant Response: "These requirements will be incorporated into the design drawings for building  and offices. Thank, you and let me know if) you need more details at this time.'  permit."  Cortez GIS Coordinator    PLANNING & ZONING COMMISSION CONDITIONAL USE PERMIT PINON APARTMENTS TBDE Empire St., Chism Group Minor Sub., Lol1  Jan 4, 2022  Page 60 of8  "I's positive that the plans show a 60' access easement along the west side of the parcel and connecting across to Driscoll Street. While it may not be required for Phase 1, future phases will Staff Response: The Chism Minor Subdivision Plat shows a 60 "access easement" in the adjacent (not subject) property that connects to Empire St. Iti is not dedicated clearly, andi is shown as part oft the land area oft the adjacent Chism Group Minor Subdivision Lot 2 under different ownership. At this time, there is not a requirement from the City Planner, Engineer, or  need to provide connectivity to Driscoll Street to assist with traffic flow."  Public' Works Director to pursue the 60' access easement.  City of Cortez Public Works Cortez Sanitation District  "Public Works has no issue with the proposed development."  "The Sanitation District will be requiring a grease trap for the community kitchen on this project.  Other than thal we have no problems with the proposal."  This will be handled during the review of the site plan for the building permit.  COMPREHENSIVE PLAN  Ina addition tor reviewing the applicationi for conformance withi the requirements ofa a conditional use permit, Staff has also analyzed the application for conformance with the 2008 Comprehensive Plan. Many of the goals within the Comp Plan focus on quality of life for residents through "promoting community pride in the quality of life for Cortez residents." The approval of this use for the existing buildings wouid help to satisfy some of those goals by ofering additional options for housing with in the city. Some of the specific goals and policies that could potentially be met Policy 5.1.12: "Utilize land use flexibility, outstanding city services, and other incentive programs to promote infill opportunities within the corporate limits to preserve open. space surrounding the City while making the best use of land within the City." Policy 5.4.1: Encourage infill development on vacant land which will complement the Policy 5.4.2: "Strongly encourage new development proposed on surplus, vacant, or underutilized land throughout the City when the development is appropriate fort the area and Policy 6.1: "Develop and maintain safe, desirable, and quality housing for all current and future residents, with emphasis on llorlabityatainably and revitalization of neighborhoods."  through the approval oft this application include the following:  established character of the neighborhood." complies with the Land Use Code."    PLANNING & ZONING COMMISSION CONDITIONAL USE PERMIT PINON APARTMENTS TBDI Empire St., Chism Group Minor Sub., Lot1  Jan 4, 2022  Page7of8  Goal 6.1.4: "Strongly encourage the development of new housing on surplus, vacant, and underutilized land throughout. the City, with appropriate incentives, zoning regulations, and Goal 6.4: "Expand opportunities for quality housing that is affordable and meets the needs ofall Ongoing Objective: "To improve the rental housing stock in Cortez to make quality rental Policy 6.4,29: "Promole high density development within walking distance of Main Street by giving preference to quality, multifamily residential developments and considering opportunities  development. standards. 1 residents. M  housing affordable to those residents who cannot own a home. " torezone for higher densily development near Main Street."  ALTERNATIVES  1) The Planning and Zoning Commission can recommend that Council approve the conditional use permit to establish Multifamily residential housing on property located at TBDI Empire St, Chism Group Minor Subdivision Lot 1, in the Multifamily Residential (R-2) zone, as submitted by Christian Pritchett of Blueline Development, Inc., agent for property 2) The Commission can recommend denial of the conditional use permit and/ort the special 3) The Commission can ask for more information and table the application; or 4) The Commission can recommend that Council approve the conditional use permit stating any conditions they feel are deemed necessary to satisfy the review criteria listed in  owner Pinon Project.  exception request and state their reasons;  Section 6.10() as noted above.  RECOMMENDATION  Ifthe Planning and Zoning Commission chooses to approve the CUP, the Commission can make the motion to recommend approval of a conditional use permit to establish Multifamily residential housing on property located at TBD Empire St, in the Residential Multifamily (R-2) zone, as submitted by Christian Pritchett of Blueline Development, Inc., agent for property owner Pinon Project through P&Z Resolution No. 1, Series 2022, with the 1. All requirements of utility providers, City departments, and affected Districts must be satisfied on the site plan submitted with the building permit application, as outlined in adopted City Codes and other regulatory documents, including but not limited to the 2. Allimprovements: shown on the CUP application and incorporated herein as a requirement of the CUP approval in concept, will be required to be installed prior to a Certificate of Occupancy for the project. Changes to the conceptual plan that are necessary to  following conditions:  construction design standards, the Building Code, and Fire Code.    PLANNING & ZONING COMMISSION CONDITIONAL USE PERMIT PINON APARTMENTS TBD Empire St., Chism Group Minor Sub., Lot1  Jan 4, 2022  Pagesofs  accommodate required improvements will be considered to be in the scope of the 3. A detailed landscaping plan shall be submitted with the site plan for the building permit application. In the event that construction oft the building and all other requirements are met prior to the installation of any required landscaping, and the applicant desires a Certificate of Occupancy, the applicant may choose to provide a financial surety and obtain a COi in advance of completing the landscaping improvements. In this event, the applicant shall provide an assurance bond, letter of credit, or other financial security agreed to by both Parties, providing a guarantee of installation of the landscaping within 4. With regards to refuse collection, the applicant will provide suitable level ground, cement or an asphalt pad constructed to specifications of the city engineer, upon which to locate city bins and containers and shall further provide any appropriate safety devices for use in connection with such bins and containers which may be reasonably required by the public works director. This will be a requirement on the site plan for the building permit 5. Any exterior lighting shall be contained on the property, as per Land Use Code Section  Conditional Use Permit approval.  at time frame approved by the City of Cortez.  application.  5.07. -F Performance Standards.  damaghalaylamumipmgiuDymwyiagaeeEmeantl2imsamuiléar:    CITY OF CORTEZ PLANNING AND ZONING COMMISSION RESOLUTION NO. 1, SERIES 2022  A Resolution Recommending Approval of a Conditional Use Permit to Establish Multifamily Residential Development on Lot1 1 of the Chism Group Minor Subdivision in  the Residential Multifamily District (R-2)  WHEREAS, Christian Pritchett, with Blueline Development, Inc., agent for Pinon Project, as the owner of record for lot 1 Chism Group Minor Subdivision, has applied for a conditional use permit and holds title to property located at TBD Empire Street, Cortez, Colorado 81321,  and more particularly described as:  Chism Group Minor Subdivision, Lot: 1 County of Montezuma State of Colorado  As per the plat ofr record in the office of the Clerk and Recorder  WHEREAS, the applicant has applied to the City fora a conditional use permit for the WHEREAS, Land Use Code Section 3.05, Use Regulations, indicates that this type of use in the Residential Multi-Family Zoning District (R-2) is allowed only through approval of a WHEREAS, the applicant presented a preliminary site plan and the necessary submittal items to be reviewed by the City Planning and Zoning Commission at a duly-advertised public WHEREAS, the Planning and Zoning Commission has reviewed the application for a conditional use permit for the same property and recommended conditional approval for the Multifamily residential housing on said property, as evidenced in the adoption of P&Z Resolution WHEREAS, the applicant is under contract with the owners to hold legal ownership of the property subsequent to the adoption of said P&Z Resolution No. 1, Series 2022, and is WHEREAS, based on the evidence and testimony presented at said public hearing, the Planning and Zoning Commission and the Owner/Applicant have agreed to certain conditions of WHEREAS, it appears that all requirements of the City's Land Use Code have been or  establishment of Multifamily housing ona a portion of said properly; and,  conditional use permit; and,  hearing on January 4, 2022; and,  No. 1, Series 2021; and,  interested in continued use and development of the property; and,  approval for the development; and,  can be met.  NOW THEREFORE BE IT RESOLVED BY THE CITY OF CORTEZ PLANNING AND ZONING  COMMISSION:    CITY OF CORTEZ  CONDITIONAL USE PERMIT -PINON APARTMENTS EMPIRE ST.  P&Z RESOLUTIONI NO.1, SERIES! 2022  THAT, P&Z Resolution No. 1, Series 2022, stipulates the conditions of approval for a conditional use permit to establish multifamily residential housing on the aforementioned FURTHER THAT, the concept and approval of a conditional use permit for the establishment of multifamily residential housing on Lot 1, Chism Group Minor Subdivision, is hereby recommended to the Cortez City Council for approval, subject to the following  property; and  conditions:  RECOMMENDATION  Ifthe Planning and Zoning Commission chooses to approve the CUP, the Commission can make the motion to recommend approval of a conditional use permit to establish Multifamily residential housing on property located at TBD Empire St, in the Residential Multifamily (R-2) zone, as submitted by Christian Pritchett of Blueline Development, Inc., agent for property owner Pinon Project through P&Z Resolution No. 1, Series 2022, with 1. All requirements of utility providers, City departments, and affected Districts must be satisfied on the site plan submitted with the building permit application, as outlined in adopted City Codes and other regulatory documents, including but not limited to the 2. All improvements shown on the CUP application and incorporated herein as a requirement of the CUP approval in concept, will be required to be installed prior to a Certificate of Occupancy for the project. Changes to the conceptual plan that are necessary to accommodate required improvements will be considered to be int the scope 3. A detailed landscaping plan shall be submitted with the site plan for the building permit application. In the event that construction of the building and all other requirements are met prior to the installation of any required landscaping, and the applicant desires a Certificate of Occupancy, the applicant may choose to provide a financial surety and obtain a CO in advance of completing the landscaping improvements. In this event, the applicant shall provide an assurance bond, letter of credit, or other financial security agreed to by both Parties, providing a guarantee of installation of the landscaping within 4. With regards to refuse collection, the applicant will provide suitable level ground, cement or an asphalt pad constructed to specifications of the city engineer, upon which to locate city bins and containers and shall further provide any appropriate safety devices for use in connection with such bins and containers which may be reasonably required by the public works director. This will be a requirement on the site plan for the building permit 5. Any exterior lighting shall be contained on the property, as per Land Use Code Section  the following conditions:  construction design standards, the Building Code, and Fire Code.  of the Conditional Use Permit approval.  at time frame approved by the City of Cortez.  application.  5.07 - Performance Standards.    CITY OF CORTEZ  CONDITIONAL USE PERMIT -PINON APARTMENTS! EMPIRE ST.  P&Z RESOLUTION NO.1, SERIES: 2022  MOVED, SECONDED, AND ADOPTED THIS 4"h DAY OF JANUARY 2022.  Robert Rime, Chairman  ATTEST:  Linda L. Smith, City Clerk  Mayuiywatme.as    TSPEEUN-    1